Water News

The Lead and Copper Rule Revisions (LCRR) requires public water systems prepare an inventory of their service lines that includes both the publicly-owned and privately-owned portions of the line.

The State Water Resources Control Board (SWRCB), Division of Drinking Water (DDW) posted an updated FAQ document for preparation of the lead service line inventory. DDW also posted instructions and an Excel template for preparation of the service line inventory (water systems are not required to use this format).

Copies can be found here:
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/leadandcopperrule.html

The deadline for preparation of the service line inventory is October 16, 2024.

September 7, 2022, the State Water Resources Control Board (SWRCB) voted to adopt the “Policy Handbook Establishing a Standard Method of Testing and Reporting Microplastics in Drinking Water.” During the meeting, one of the Board members asked DDW staff several questions about the sources identified as “potentially subject to monitoring requirements” listed in Appendix A of the Policy Handbook. Her interest appeared to be focused on ensuring that monitoring addressed issues associated with disadvantaged communities. In response to these questions, the final Board resolution to adopt the Policy Handbook was amended to indicate that DDW may add up to five additional (representative) sources to the list of sources to be monitored. Another Board member was interested to understand how DDW was addressing “customer messaging.” While no details were presented in response, DDW indicated that work (including a Water Research Foundation project) is underway to address this issue.

The Handbook indicates that the initial monitoring would occur during “Fall 2023 – Fall 2025.” Item 6.2.1.3.12, page 19 of the Handbook, includes the following text:
“Unless stated otherwise in monitoring orders, samples shall be collected twice between October – April (rainy season) and twice during May – September (dry season) of each year to determine the relative influence of rain and stormwater influence as well as atmospheric deposition. Accordingly, for each sampling location a minimum of eight (8) samples will be analyzed over the two-year period.”

DDW plans to hold a public workshop on microplastics monitoring (anticipated to be held during fall/winter 2022).

August 25, 2022, the Environmental Protection Agency (EPA) posted a pre-publication Federal Register notice proposing to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, also known as Superfund). Once the proposal is published in the Federal Register there will be a 60-day public comment period.

“Upon designation, any person in charge of a vessel or an offshore or onshore facility, as soon as they have knowledge of any release of such substances at or above the reportable quantity (RQ) must immediately report such releases to the Federal, state, tribal and local authorities (CERCLA section 103(a), Emergency Planning and Community Right-to-Know Act (EPCRA) section 304). The RQ for these designations is 1 pound or more in a 24-hour period. Once EPA has collected more data on the size of releases and the resulting risks to human health and the environment, the Agency may consider issuing a regulation adjusting the reportable quantities for these substances. The five broad categories of entities potentially affected by this action include: (1) PFOA and/or PFOS manufacturers (including importers and importers of articles); (2) PFOA and/or PFOS processors; (3) manufacturers of products containing PFOA and/or PFOS; (4) downstream product manufacturers and users of PFOA and/or PFOS products; and (5) waste management and wastewater treatment facilities.”

Link to information on EPA website:
https://www.epa.gov/newsreleases/epa-proposes-designating-certain-pfas-chemicals-hazardous-substances-under-superfund

Link to NPR article:
https://www.pbs.org/newshour/health/two-forever-chemicals-to-be-named-hazardous-substances-says-epa-official

Link to article on CNN website:
https://www.cnn.com/2022/08/26/health/pfas-epa-forever-chemicals-hazardous-wellness/index.html

In November 2021 the State Water Resources Control Board (SWRCB) Division of Drinking Water (DDW) posted a “Microplastics in Drinking Water Handbook.” The Handbook was released for public comment and was presented at a workshop with the SWRCB on November 17, 2021.

The purpose of the Handbook is

“….to implement Health and Safety Code section 116376 by setting forth the requirements for conducting monitoring and reporting of microplastics in drinking water.”

Recently DDW posted a revised copy of the Microplastics Handbook (copy is enclosed, the revisions are shown using Microsoft’s TrackChanges). Appendix A presents a list of surface water sources “potentially subject to monitoring during Phase 1).”

Background
Senate Bill 1422 was signed into law in 2018 (added Section 116376 to California’s Health and Safety Code). This law required/requires the following DDW activities regarding microplastics:

1. On or before July 1, 2020: adopt a definition of microplastics in drinking water (California’s definition of microplastics was adopted by the SWRCB at its June 16, 2020 meeting).
2. On or before July 1, 2021:
a. Adopt a standard methodology for testing of microplastics in drinking water.
b. Adopt requirements for four years of testing and reporting of microplastics in drinking water, including public disclosure of those results.
c. Consider issuing quantitative guidelines (e.g., notification level) to aid consumer interpretations of the testing results, if appropriate.
d. Accredit qualified laboratories in California to analyze for microplastics in drinking water.

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.