Posts made in May 2023

The website for the Office of Management and Budget (OMB) indicates that EPA’s proposed Maximum Contaminant Levels (MCLs) for PFOA and PFOS are no longer under OMB review. EPA should be able to propose the MCLs (unless OMB has identified major problems or concerns in the proposal that EPA needs to address).

Background
Both PFOA and PFOS were on EPA’s Contaminant Candidate List 4 (CCL4). EPA published a Regulatory Determination to set MCLs for PFOA and PFOS in the March 3, 2021 Federal Register. EPA’s formal decision to regulate PFOA and PFOS triggered a Safe Drinking Water Act requirement to publish the proposed MCLs within 24 months (and publish final MCLs 18 months after that). That meant EPA was to publish the proposed MCLs by March 3, 2023 (i.e., this past Friday). On October 6, 2022 EPA submitted the proposed MCLs to OMB for review.

On March 8th, 2023 the California Division of Drinking Water (DDW) will present to the State Board to adopt regulatory priorities for 2023.

The resolution contains a number of items, here are highlights of some items where a schedule is presented:

1. Notice of Proposed rulemaking for a Maximum Contaminant Level (MCL) for hexavalent chromium (CrVI) is scheduled for this month, March 2023. In December 2022 DDW submitted a Regulatory Impact Analysis to the Department of Finance evaluating impacts of a 10 microgram per liter (µg/L) MCL for CrVI.
2. Notice of Proposed Rulemaking for Direct Potable Reuse scheduled for spring 2023.
3. Board adoption of the Cross Connection Control Policy Handbook schedule for late 2023.
4. Notice of Proposed Rulemaking for revised Detection Limits for Purposes of Reporting (DLRs) for metals scheduled for Spring 2023. DDW anticipates conducting a survey of laboratories regarding costs and capabilities for organic compounds in summer 2023.
5. Proposal to revise regulations for electronic submittal of drinking water analytical results scheduled for Board consideration in spring 2023.
6. Proposed Notification Levels (NL) and Response Levels (RL) for anatoxin-a, microcystins and cylindrospermopsin anticipated for spring 2023.
7. DDW anticipates a draft Public Health Goal (PHG) for 1,4-dioxane will be released for public comment during 2023 by the Office of Environmental Health Hazard Assessment (OEHHA). Currently there is an NL of 1 µg/L and a RL of 35 µg/L for 1,4-dioxane.
8. Draft PHGs were issued by OEHHA in 2021 for PFOA (0.007 parts per trillion (ppt)) and PFOS (1 ppt). DDW expects the PHGs to be “finalized soon.”

Other topics included in the enclosed DDW resolution include: arsenic, cadmium, PFAS, NDMA, DBPs, Lead and Copper Rule Revision (LCRR), LCR Improvements (LCRI), mercury, manganese, and an update of regulations for non-potable uses of recycled water.

On February 27th, 2023 the Environmental Protection Agency (EPA) issued a Press Release announcing 11 virtual “listening sessions” on the Agency’s PFAS Strategic Roadmap. The listening sessions are scheduled for EPA’s ten Regions as well as a listening session for tribal communities. The first session was held February 28th, in EPA’s Region 7. Copied below is text from the EPA’s Press Release:

“In EPA’s PFAS Strategic Roadmap, we committed to transparent, equitable, and inclusive engagement with all stakeholders to inform the Agency’s work,” said Radhika Fox, Assistant Administrator for Water and co-chair of EPA’s Council on PFAS. “By hearing directly from communities, we will better understand how PFAS contamination affects individuals’ lives and livelihoods and can better ensure that communities have equitable access to solutions – especially Tribal communities and communities with environmental justice concerns.”

Link to EPA’s Press Release:
https://www.epa.gov/newsreleases/epa-announces-upcoming-virtual-regional-listening-sessions-pfas-strategic-roadmap

Dates, times and EPA Regions and Tribal Communities for the remaining ten listening sessions:
• February 28, 6-8 PM CT: Region 7
• March 2, 6-8 PM ET: Region 3
• March 8, 6-8 PM MT: Region 8
• March 15, 6-8 PM PT: Region 10
• March 21, 6-8 PM ET: Region 4
• March 30, 6-8 PM ET: Region 2
• April 6, 2-4 PM ET: Tribal Communities
• April 11, 6-8 PM ET: Region 1
• April 13, 6-8 PM PT: Region 9
• April 19, 6-8 PM CT: Region 5
• April 25, 6-8 PM CT: Region 6

Link to EPA Website to register for a listening session

Registration

(at the present time there are links to register for six of the virtual listening sessions, access to registration for the remaining listening sessions should be available soon)

Final note: On March 3, 2021, EPA made a Regulatory Determination to propose MCLs for PFOA and PFOS. That triggered a statutory deadline of 24 months (i.e., by March 3, 2023) for EPA to propose the MCLs for public comment. On October 6, 2022 EPA submitted the proposed MCLs for PFOA and PFOS to the Office of Management and Budget (OMB) for review. As of this morning the proposed MCLs are still under review at OMB.

The California Department of Financial Assistance (DFA) is holding a “listening session” on April 4th (from 1:00 pm to 4:00 pm) on options for funding assistance to prepare lead service line (LSL) inventories under the LCR Revisions. Copied below is a paragraph from the DFA announcement.

“To assist community water systems to comply with the LCRR and meet funding requirements, DFA staff are evaluating options for using set-aside funds from the LSLR grant (up to 10% of the awarded amount) to contract with third parties to complete community water system inventories of service lines owned by both water systems and their customers.”

California received $250 M from the federal Bipartisan Infrastructure Law (BIL) to support lead service line replacement (LSLR). The deadline for preparing the inventory is October 16, 2024.

The Environmental Protection Agency (EPA) has begun the process of developing the sixth Contaminant Candidate List (CCL6). In the February 17, 2023 Federal Register, EPA published a request for nomination to the CCL6.

“EPA requests that nominations include information showing the nominated contaminant is known or anticipated to occur in public
water systems and indicating the nominated contaminant may have an adverse health effect on humans.”

Nominations are due by April 18, 2023. The Federal Register notice includes information on how to submit nominations and supporting information.

Background
“The CCL is a list of contaminants that are currently not subject to any proposed or promulgated national primary drinking water regulations, that are known or anticipated to occur in public water systems, and which may require regulation under the Safe Drinking Water Act (SDWA). EPA uses this list of unregulated contaminants to prioritize research and data collection efforts to help the agency determine whether to regulate a specific contaminant. The SDWA requires that EPA publish the CCL every five years….The SDWA also requires EPA to make regulatory determinations of whether or not to regulate no fewer than five contaminants from the CCL every five years.”

The fifth Contaminant Candidate list (CCL5) was published on November 14, 2022.