About Dan Askenaizer

A couple of PFAS items that may be of interest:

Public Comment Period Closed for Proposed PFAS MCLs
The proposed MCLs for PFOA and PFOS, and the proposed Hazard Index MCL for four additional PFAS were published in the March 29, 2023 Federal Register for public review and comment. Public comment period closed on May 30, 2023. EPA’s goal is to public final MCLs by the end of 2023. In the public docket at the moment there are 275 public comments submitted on the proposal (it is expected that that number will increase as the public docket is updated).

Link to copy of American Water Works Association public comments on proposed PFAS MCLs:

Click to access AWWA-Comments-on-Proposed-NPDWR-for-PFAS-excl-Appendix-E.pdf

AWWA PFAS Public Comments

PFAS Manufactures and Public Health Information
The Journal “Annals of Global Health” published an article on PFAS titled “The Devil they Knew: Chemical Documents Analysis of Industry Influence on PFAS Science.” In the results section of the article abstract the authors state: “Our review of industry documents shows that companies knew PFAS was “highly toxic when inhaled and moderately toxic when ingested” by 1970, forty years before the public health community.” Link to Annals of Global Health article:
Annals of Global Health

Good morning to all,

On Wednesday, June 21, 2023 (from 3 to 4 pm, ET) EPA will hold a one hour webinar on “Chemical Risk Assessment for PFAS in Biosolids.” EPA’s webinar announcement is enclosed. Text below is from the enclosed announcement:

“EPA’s Office of Water will discuss the current work related to assessing risk due to the presence of PFOA and PFOS in biosolids. The presentation will cover the regulatory context through which EPA regulates chemical contaminates in biosolids, a brief overview of PFAS monitoring, and actions that have occurred in the states. This will be followed by a discussion of the exposure assessment framework EPA has developed to evaluate impacts from biosolids through ingestion of drinking water, crops, milk and meat and how that framework may be implemented for PFOA and PFOS.”

Link to register for the webinar:
https://usepa.zoomgov.com/webinar/register/WN_goOkjzbtSsSwk7p4_oxCFA

The Fluoride Action Network reported that a start date has been set for the next phase of the Toxic Substances Control Act (TSCA) lawsuit filed in 2017 to ban the addition of fluoride to drinking water. The trial will begin again on January 29, 2024.

From the Fluoride Action Network website:
“The court has set aside two weeks to hear testimony and cross-examination of expert witnesses focused on new evidence and science published since the last trial dates in 2020, including the NTP’s 6-year systematic review of fluoride’s neurotoxicity. The start date was agreed upon by both parties, and was the earliest practical date based on the calendars for the Court and attorneys….” The draft NTP monograph is undergoing final review by NTP’s Board of Scientific Counselors before publication of the final document.

Link to Fluoride Action Network website:
https://fluoridealert.org/articles/dates-set-for-second-phase-of-federal-fluoride-trial/”>https://fluoridealert.org/articles/dates-set-for-second-phase-of-federal-fluoride-trial

Link to the draft NTP 6-year systematic review (1,500+ pages):

Click to access documents_provided_bsc_wg_031523.pdf

Link to website describing the NTP’s Board of Scientific Counselors Working Group process. The Working Group’s recommendations were presented at a May 4, 2023 meeting. At this location, there is a link to the Working Groups report (700+ pages):
https://ntp.niehs.nih.gov/whatwestudy/assessments/noncancer/ongoing/fluoride/index.html

Background: On November 23, 2016 a petition was filed under TSCA requesting that EPA prohibit the addition of fluoridation chemicals to US water supplies. The stated objective of the petition was to “protect the public and susceptible subpopulations from the neurotoxic risks of fluoride by banning the addition of fluoridation chemicals to water.’’ The petition was submitted by the following organizations: Fluoride Action Network, Food & Water Watch, Organic Consumers Association, the American Academy of Environmental Medicine, the International Academy of Oral Medicine and Toxicology, and several individuals. In a decision published February 27, 2017 EPA denied the petition. EPA concluded that the “petition has not set forth a scientifically defensible basis to conclude that any persons have suffered neurotoxic harm as a result of exposure to fluoride in the U.S. through the purposeful addition of fluoridation chemicals to drinking water or otherwise from fluoride exposure in the U.S.” In April 2017 the petitioners filed a lawsuit in a California District Court. A 7-day trial was held in June 2020, with no ruling by the Court.

On May 9, 2023 a U.S. Court of Appeals overruled EPA’s July 21, 2020 published decision not to regulate perchlorate in drinking water. Many news outlets are reporting this decision. Link to AP News article:
AP News Article

Link to US Court of Appeals Decision
US Court of Appeals_Perchlorate Decision_2023-05-10

Background
In February 2011 EPA made a determination to regulate perchlorate in drinking water. In October 2016, the US District Court for the Southern District of New York entered a consent decree (with EPA and the Natural Resources Defense Council, NRDC) requiring EPA to “sign for publication in the Federal Register” a proposed Maximum Contaminant Level Goal (MCLG) and an MCL by the end of October 2018. The consent decree requires EPA to publish a final MCLG and MCL by December 19, 2019.

On June 26, 2019 EPA proposed the perchlorate MCLG and MCL at 56 ppb. The 60-day public comment period closed on August 26, 2019. In addition, EPA requested public comment on the following three alternatives:

1. MCLG and MCL at 18 ppb.
2. MCLG and MCL at 90 ppb
3. Withdrawing EPA’s February 2011 determination to regulate perchlorate in drinking water “…based on new information that indicates that perchlorate does not occur in public water systems with a frequency and at levels of public health concern and there may not be a meaningful opportunity for health risk reduction through drinking water regulation.”

On July 21, 2020 EPA published its decision not regulate perchlorate in drinking water (EPA_Fed Reg_Perchlorate Final No MCL_2020-07-21 ).

Following EPA’s July 21, 2020 Federal Register notice indicating that the Agency will not establish an MCL for perchlorate, on September 3, 2020, the NRDC filed suit in the U.S. Court of Appeals (DC Circuit) challenging EPA’s decision.

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