About Dan Askenaizer

Some PFAS Items in the News – June 2023

Some items in the news regarding PFAS that may be of interest:

Link to Washington Post article: “How do you know if your water is safe from forever chemicals?”:
https://www.washingtonpost.com/wellness/2023/06/24/pfas-water-forever-chemicals/

Link to AP News Article “3M reaches $10.3 billion settlement over contamination of water systems with ‘forever chemicals.’:
https://apnews.com/article/pfas-forever-chemicals-3m-drinking-water-81775af23d6aeae63533796b1a1d2cdb

Link to PBS NewsHour story earlier this month on a separate legal settlement (with DuPont de Nemours Inc., Chemours Co. and Corteva Inc.) for PFAS cleanup: “$1.18 billion deal reached over drinking water contamination by ‘forever chemicals.’:
https://www.pbs.org/newshour/nation/1-18-billion-deal-reached-over-drinking-water-contamination-by-forever-chemicals

EPA Webinar on Private LSL Replacement

On Wednesday, June 28th, from 2:00 pm to 3:30 pm (EDT) EPA will hold a webinar titled “Supporting Private Lead Service Line Replacement (LSLR) with the Drinking Water State Revolving Fund (DWSRF).”

Link to Register: https://attendee.gotowebinar.com/register/3235276012326084960

Topics will include:
• Bipartisan Infrastructure Law (BIL) LSLR provisions and funding options from the DWSRF
• Examples of how state DWSRF programs support private LSLR
• Examples of how public water systems conduct LSLR

DDW Proposes CrVI MCL

On June 16, 2023, the Division of Drinking Water (DDW) posted the enclosed Notice of Proposed Rulemaking (NPRM) proposing a Maximum Contaminant Level (MCL) of 10 µg/L for hexavalent chromium (CrVI). There will be a 45-day public comment period. CrVI Notice of Proposed Rulemaking

DDW will hold a public hearing on August 2, 2023 at 1:00 pm. The deadline to submit public comments is August 4, 2023.

Also enclosed, please find a copy of DDW’s Initial Statement of Reasons (Proposed CrVI MCL ISOR ), and the Initial Statement of Reasons (ISOR) Attachment 1 (cost tables). (ISOR Attachment 1 Cost Tables )

Additional attachments for the ISOR can be found at the following website (scroll down to the heading “Rulemaking Documentation”):
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/SWRCBDDW-21-003_hexavalent_chromium.html

EPA Extends Public Comments PFAS as Hazardous Substances

In the June 9, 2023 Federal Register (Fed Reg_EPA Extend Public Comment Period on PFAS as Hazardous Substances) EPA is extending the public comment period for providing “input and data” on designating seven PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund). The original June 12, 2023 deadline to submit comments to EPA has been extended sixty days until August 11, 2023.

Background
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 the April 13, 2023 Federal Register (EPA Fed Reg Data Request PFAS as Hazardous Substances) EPA requested 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 requested public input.

EPA Developing PFAS Enforcement Policy Under CERCLA
EPA is currently developing a PFAS Enforcement Policy under CERCLA. In March 2023 EPA held two public “listening sessions” on the enforcement policy. During those listening sessions, EPA staff stated that they do not intend to pursue CERCLA PFAS enforcement actions against public water systems or wastewater systems. The policy is not final…and it is not known if that will be EPA’s final position.

Link to the webpage with the recordings of EPA’s March 2023 listening sessions.
https://www.epa.gov/enforcement/cercla-pfas-enforcement-listening-sessions

Scroll down and click on the link for the March 14, 2023 recording. At about the 10 minute mark, EPA staff begin to comment that they do not intend to pursue enforcement of PFAS wastes under CERCLA against public water systems.

CDC Article on Drinking Water Fluoridation

In the June 2, 2023 publication of the “Morbidity and Mortality Weekly Report” the Centers for Disease Control (CDC) published an article titled: “Community Water Fluoridation Levels To Promote Effectiveness and Safety in Oral Health — United States, 2016–2021” MMWR Article on Fluoridation

Copied below are some statements from the article:

“Drinking water fluoridated at the level recommended by the U.S. Public Health Service (USPHS) reduces dental caries (cavities) by approximately 25% in children and adults. USPHS recommends fluoride levels to achieve oral health benefits and minimize risks associated with excess fluoride exposure. To provide the benefits of community water fluoridation, water systems should target a level of 0.7 mg/L and maintain levels ≥0.6 mg/L.”

“Water fluoridation promotes health equity through its proven effects on decreasing caries, reducing costs to families, and being readily available at the tap. In light of these benefits, Healthy People 2030, an ongoing initiative to improve popu¬lation health, set the objective to increase the proportion of U.S. residents served by optimally fluoridated water systems to 77.1% from 73.0% in 2018.”

“Maintaining and improving access to optimally fluoridated water remains a vital, safe, and successful method for reducing dental caries and their associated costs for communities and families.”

Status of Lawsuit To Ban Drinking Water Fluoridation: On November 23, 2016 a petition was filed under the Toxic Substances Control Act (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. The trial will begin again on January 29, 2024. “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 [National Toxicology Program] 6-year systematic review of fluoride’s neurotoxicity

A Couple of PFAS Items (June 2, 2023)

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

EPA June 21, 2023 Webinar on PFAS in Biosolids

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

Next Trial Date for TSCA Fluoridation Lawsuit

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.

Court of Appeals Overrules EPA Decision Not to Regulate Perchlorate

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.

ABC News on Lead, New Report on PVC Pipes

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