Posts made in May 2023

April 20, 2023. A Couple of Items that Might be of Interest.

ABC News Article on Lead in Drinking Water
Yesterday, ABC News broadcast an approximately 7 minute story on lead in drinking water. Link to an ABC News article and the 7 minute video.

https://abcnews.go.com/US/lead-water-americas-water-dangerous-drink/story?id=98438736

New Report on PVC Pipes in Drinking Water Systems
This week, USA Today posted a short article citing a new report issued by the group “Beyond Plastics.” The headline for the USA Today article is “New Report Warns About Human Health Risks from PVC Pipes Used in Drinking Water Systems.”

Link to USA Today Article:
https://www.usatoday.com/story/news/investigations/2023/04/18/new-report-warns-against-using-pvc-pipes-drinking-water-systems/11688737002/
https://www.usatoday.com/story/news/investigations/2023/04/18/new-report-warns-against-using-pvc-pipes-drinking-water-systems/11688737002/

Link to Beyond Plastics website. You can download a copy of the report (“The Perils of PVC Plastic Pipe”) on the right hand side of the web site.
https://www.beyondplastics.org/publications/perils-of-pvc-pipes

August 4, 2022. As indicated, this morning EPA released the Guidance for preparation of an inventory of service line materials. You can access a copy of the Guidance and EPA’s template for recording information at the link below:
EPA LSL Website

Copy of the Guidance Manual link is here: (Inventory Guidance_August 2022).

Copy of the link to EPA Template for LSL Inventory is here: (Inventory Template_FINAL_0 ).

Registration for the August 10, 2022 webinar (2:00 to 3:00 pm, ET) on the Guidance can also be found at the link above.

April 13, 2023. On September 6, 2022 EPA published a Notice of Proposed Rulemaking to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund). That proposal is not yet final.

In today’s Federal Register (PFAS As Haz Material_EPA Request Data_Fed Reg_2023-04-13) EPA is requesting public “input and data” regarding whether to designate seven other PFAS as hazardous substances under CERCLA. The seven PFAS are as follows:

• PFBS
• PFHxS
• PFNA
• Gen X
• PFBA
• PFHxA
• PFDA

In the same Federal Register notice EPA is also considering designating (1) precursors to PFOA, PFOS and the seven PFAS listed above, and (2) groups or categories of PFAS as hazardous substances, and is requesting public input.

The deadline to submit comments to EPA is June 12, 2023.

March 29, 2023. On January 18, 2023, Assemblyman Chris Holden introduced AB 249 requiring lead testing by public water systems at schools (defined as pre-K through 12th grade) built before 2010. Testing would be required for all school faucets. Testing would be required by January 1, 2027. If results exceed five parts per billion (ppb) the faucet must be immediately shut off (and addressed by the school by either replacing the faucet, installing filtration, or providing bottled water as short-term remedy).

On March 15, 2023 the bill was passed by the Assembly Committee on Environmental Safety and Toxic Materials. On March 29, 2023 the bill passed the Assembly Committee on Education.

Link to current version of AB 249:
https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=202320240AB249

On March 27, 2023 CBS News (Sacramento) ran a segment on the legislation:
https://www.cbsnews.com/sacramento/news/lead-in-school-water-leg/

In the written article on the CBS News website, there is a link to an interactive map prepared by “EdSource” showing lead results for schools around the State. Link to EdSource map:
https://edsource.org/2018/interactive-map-lead-levels-found-in-california-schools-drinking-water/602769

March 29, 2023. The proposed MCLs for PFOA and PFOS, and the proposed Hazard Index MCL for four additional PFAS were published in today’s Federal Register (copy here: Federal Reg_Proposed PFAS MCLs_2023-03-29) for public review and comment. Public comments are due by May 30, 2023. EPA held one public webinar on March 16, 2023. A second webinar will be held today. See the Regulatory Update below for registration for the (virtual) May 4, 2023 public hearing.

For your information.

Regards,
Dan

From: Dan Askenaizer
Sent: Tuesday, March 14, 2023 8:52 AM
To: ‘Dan Askenaizer’
Subject: WQTS Regulatory Update: EPA Proposed PFAS MCLs, and Hazard Index for Four PFAS

Good morning to all,

Proposed MCLs for PFOA and PFOS
The Environmental Protection Agency (EPA) has released a pre-publication Federal Register notice of the proposed Maximum Contaminant Levels (MCLs) for PFOA and PFOS. The proposed MCLs are 4 parts per trillion (ppt) for each compound. A copy of the pre-publication version of the Federal Register notice is enclosed. Once the proposed MCLs are published in the Federal Register there will be a 60-day public comment period. Also enclosed are an EPA Fact Sheet and FAQ document. EPA is also proposing a “Hazard Index” for four PFAS (described below).

EPA will hold two webinars on the proposal on March 16, 2023 (2:00 to 3:00 pm, ET), and March 29, 2023 (2:00 to 3:00 pm, ET). EPA describes the March 16th webinar as a general overview of the proposal and the March 29th webinar as a technical overview of the proposal.

EPA will hold a public hearing on May 4, 2023 (11:00 am to 7:00 pm, ET).

Registration for March 16th webinar:
https://www.eventbrite.com/e/public-webinar-on-epas-proposed-pfas-npdwr-tickets-551511625117

Registration for March 29th webinar:
https://www.eventbrite.com/e/drinking-water-professional-community-webinar-on-epas-proposed-pfas-npdwr-tickets-551527432397

Registration for May 4th public hearing:
https://www.eventbrite.com/e/proposed-pfas-npdwr-public-hearing-tickets-549335536377

Link to EPA Press Release
https://www.epa.gov/sdwa/and-polyfluoroalkyl-substances-pfas

EPA Proposing Hazard Index for Four Other PFAS
In the enclosed pre-publication version, EPA is also proposing “….to use a Hazard Index (HI) approach to protecting public health from mixtures of PFHxS, HFPO-DA and its ammonium salt, PFNA, and PFBS because of their known and additive toxic effects and occurrence and likely co-occurrence in drinking water.”

Proposed Definition of Hazard Index
“Hazard index (HI) is the sum of component hazard quotients (HQs), which are calculated by dividing the measured regulated PFAS component contaminant concentration in water (e.g., expressed as ppt) by the associated Health-Based Water Concentration (e.g., HBWC expressed as ppt). For PFAS, a mixture HI greater than 1.0 is an exceedance of the MCL.” [emphasis added]

How To Calculate the Hazard Index
Steps to calculate the HI: “….a ratio called a hazard quotient (HQ) is calculated for each of the four PFAS (PFHxS, HFPO-DA and its ammonium salt (also known as GenX chemicals), PFNA, and PFBS) by dividing….the measured level of each of the four PFAS in drinking water, by a health reference value for that particular PFAS. For health reference values, in this proposal, EPA is using Health Based Water Concentration (HBWCs) as follows: 9.0 ppt for PFHxS, 10.0 ppt for HFPO-DA; 10.0 ppt for PFNA; and 2000 ppt for PFBS. The individual PFAS ratios (HQs) are then summed….to yield the HI. If the resulting HI is greater than one (1.0), then the exposure metric is greater than the health metric and potential risk is indicated.”

March 28, 2023. Earlier today EPA posted a pre-publication Federal Register notice with the proposed revisions to the Consumer Confidence Reports (CCRs). A copy of the pre-publication proposal is enclosed (EPA_CCR Proposed Revised Regs_2023-03-28 ). Once the proposed revised regulations are published in the Federal Register there will be a 45-day public comment period.

Link to EPA’s announcement and additional information.
https://www.epa.gov/ccr/consumer-confidence-report-rule-revisions

EPA will hold two informational webinars about the proposed Revised CCR Rule on April 12, 2023, and April 20, 2023. The webinars will be similar, with each intended for specific audiences. Registration is required to attend.

Link to register for April 12, 2023 webinar: General Overview of Proposed Revisions to CCR Regulations (3:00 to 4:00 pm, ET)
https://www.eventbrite.com/e/public-webinar-on-epas-proposed-revised-ccr-rule-tickets-591379691577

Link to register for April 20, 2023 webinar: Overview of Proposed Revisions to CCR Regulations for Drinking Water Professionals (1:30 to 2:30 pm, ET)
https://www.eventbrite.com/e/drinking-water-professional-webinar-on-epas-proposed-revised-ccr-rule-tickets-591463141177

March 20, 2023. The California Municipal Utilities Association, California-Nevada Section of the American Water Works Association, Association of California Water Agencies and a number of water systems prepared the enclosed document “Water Industry Guidance for Completing Inventory Requirements of the Federal Lead and Copper Rule Revisions.” (LCRR Inventory Industry Guidance_March 2023 ).

From the Introduction: “This document provides guidance to water systems on the methods for identifying service line materials and the type(s) of information water systems must include in their service line inventory under LCRR requirements.”

March 16, 2023. Under the National Defense Authorization Act of 2021, Congress directed the formation of an Interagency Working Group to coordinate Federal research on PFAS. In response, the federal Office of Science and Technical Policy (OSTP) developed a PFAS Strategy Team. The PFAS Strategy Team is co-chaired by OSTP, Office of Management and Budget, and the Department of Defense.

This week the PFAS Strategy Team released the enclosed report (OSTP-March-2023-PFAS-Report ). From the cover letter to Congress: “The PFAS Report provides a high-level overview of research on PFAS as a chemical class by addressing the following strategic areas: removal and destruction, safer alternatives, sources and pathways of exposure, and toxicity. The report also describes the state of Federal PFAS research and development, including relevant Federal funding and activities.”

March 14, 2023. The Environmental Protection Agency (EPA) has released a pre-publication Federal Register notice of the proposed Maximum Contaminant Levels (MCLs) for PFOA and PFOS. The proposed MCLs are 4 parts per trillion (ppt) for each compound. A copy of the pre-publication version of the Federal Register notice is here (Pre-Publication Federal Register Notice_PFAS NPDWR_NPRM_Final_3.13.23 ). A copy of an EPA Fact Sheet is here ( Fact Sheet_PFAS_NPWDR_Final_3.14.23) Once the proposed MCLs are published in the Federal Register there will be a 60-day public comment period. EPA is also proposing a “Hazard Index” for four PFAS (described below).

EPA will hold two webinars on the proposal on March 16, 2023 (2:00 to 3:00 pm, ET), and March 29, 2023 (2:00 to 3:00 pm, ET). EPA describes the March 16th webinar as a general overview of the proposal and the March 29th webinar as a technical overview of the proposal.

EPA will hold a public hearing on May 4, 2023 (11:00 am to 7:00 pm, ET).

Registration for March 16th webinar:
https://www.eventbrite.com/e/public-webinar-on-epas-proposed-pfas-npdwr-tickets-551511625117

Registration for March 29th webinar:
https://www.eventbrite.com/e/drinking-water-professional-community-webinar-on-epas-proposed-pfas-npdwr-tickets-551527432397

Registration for May 4th public hearing:
https://www.eventbrite.com/e/proposed-pfas-npdwr-public-hearing-tickets-549335536377

Link to EPA Press Release
https://www.epa.gov/sdwa/and-polyfluoroalkyl-substances-pfas

EPA Proposing Hazard Index for Four Other PFAS
In the enclosed pre-publication version, EPA is also proposing “….to use a Hazard Index (HI) approach to protecting public health from mixtures of PFHxS, HFPO-DA and its ammonium salt, PFNA, and PFBS because of their known and additive toxic effects and occurrence and likely co-occurrence in drinking water.”

Proposed Definition of Hazard Index
“Hazard index (HI) is the sum of component hazard quotients (HQs), which are calculated by dividing the measured regulated PFAS component contaminant concentration in water (e.g., expressed as ppt) by the associated Health-Based Water Concentration (e.g., HBWC expressed as ppt). For PFAS, a mixture HI greater than 1.0 is an exceedance of the MCL.” [emphasis added]

How To Calculate the Hazard Index
Steps to calculate the HI: “….a ratio called a hazard quotient (HQ) is calculated for each of the four PFAS (PFHxS, HFPO-DA and its ammonium salt (also known as GenX chemicals), PFNA, and PFBS) by dividing….the measured level of each of the four PFAS in drinking water, by a health reference value for that particular PFAS. For health reference values, in this proposal, EPA is using Health Based Water Concentration (HBWCs) as follows: 9.0 ppt for PFHxS, 10.0 ppt for HFPO-DA; 10.0 ppt for PFNA; and 2000 ppt for PFBS. The individual PFAS ratios (HQs) are then summed….to yield the HI. If the resulting HI is greater than one (1.0), then the exposure metric is greater than the health metric and potential risk is indicated.”

On March 21, 2023, the California Division of Drinking Water will present an informational item to the State Water Resources Control Board (SWRCB) on a revised NL and RL for manganese.

The current manganese NL and RL are 500 µg/L and 5,000 µg/L, respectively. The revised NL and RL will be 20 µg/L and 200 µg/L. Manganese has a secondary Maximum Contaminant Level (MCL) of 50 µg/L.

EPA Requests Nomination for NDWAC
In the March 13, 2023 Federal Register the Environmental Protection Agency (EPA) is requesting nominations for the National Drinking Water Advisory Council (NDWAC).

Text copied from the Federal Register notice:
“The 15-member Council was established by the Safe Drinking Water Act (SDWA) to provide independent advice, consultation, and recommendations to the EPA Administrator on matters relating to activities, functions, policies, and regulations under the SDWA. This notice solicits nominations to fill anticipated vacancies in 2023 with three-year appointments from December 2023 through December 2026.”

“Five members are from the general public; five are from appropriate state and local agencies concerned with water hygiene and public water supply; and five are from representatives of private organizations or groups demonstrating an active interest in the field of water hygiene and public water supply, of which two such members shall be associated with small, rural public water systems.”

Nominations are due by April 12, 2023.