Water News

Bloomberg Law is reporting that the Toxic Substances Control Act (TSCA) case filed in April 2017 to ban the fluoridation of drinking water will proceed. Text copied from the Bloomberg Law website (https://news.bloomberglaw.com/environment-and-energy/drinking-water-case-proceeds-to-probe-fluoride-data-court-says) is presented below:

“A Federal court will allow a lawsuit to prohibit fluoride from drinking water to proceed to review new scientific evidence about the chemical’s potential to harm babies’ developing nervous systems.”

“Judge Edward M. Chen of the US District Court North District of California ruled on Friday that the case – filed in 2017 by Foot & Water Watch and other advocacy groups – can proceed to review a scientific study and two summary evaluations of multiple fluoride health effects studies. The case has been on hold since April 2021.”

“The science the court wants to review includes a May 2022 unpublished, draft version of a federal health agency’s assessment of fluoride’s neurodevelopment and other health effects. The court will obtain the National Toxicology Program’s draft health assessment via a protective order and not disseminate it “at this juncture,” Chen ruled.”

Background
A simplified highlight of some key dates in the case is presented below:
1. November 2016 – a petition was submitted to the Environmental Protection Agency (EPA) to ban the addition of fluoride to drinking water under TSCA. 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.”
2. 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.
3. February 2017 – EPA denied the petition.
4. April 2017 – petitioners filed lawsuit against EPA.
5. EPA asked court to dismiss lawsuit.
6. December 2017 – court ruled against EPA and allows lawsuit to proceed.
7. EPA asks court to limit the scope of the lawsuit to only the information included in the original November 2016 petition.
8. The court denied EPA’s request to limit the scope of review.
9. Seven-day trial held in June 2020.
10. Since the June 2020 trial, there has been additional activity between the parties and the court, one key item was the judge’s decision to wait for two documents reviewing fluoride’s neurotoxic effects before making a ruling.

On October 28, 2021 the Environmental Protection Agency (EPA) published for public comment a draft “Strategy to Reduce Lead Exposures and Disparities in US Communities.” Public comments were due by January 26, 2022.

The Strategy covers lead exposures through a number of different media. The main discussion on lead in drinking water begins in the middle of page 21 (lead in drinking water is mentioned in conjunction with other sources of exposure in several sections in the document).

In the drinking water discussion, EPA indicates their intent to publish the proposed Lead and Copper Rule Improvements (LCRI) by the “end of 2023” and “take final action” on the LCRI by October 2024. When EPA published the announcement regarding the final Lead and Copper Rule Revisions (LCRR) in December 2021, the Agency indicated that just about all of facets (with the exception of the requirement to prepare a lead service line inventory by October 16, 2024) of the LCRR are under review and could potentially be revised in the LCRI.

Link to EPA website where Strategy document is posted:
https://www.epa.gov/lead/final-strategy-reduce-lead-exposures-and-disparities-us-communities

On October 26th, from 3:00 pm to 4:00 pm (ET) EPA will host a one hour webinar “Identifying lead service lines in the community.”

Link to register:
https://usepa.zoomgov.com/webinar/register/WN_vgF87b2xRf6GIUrxi5L3MQ

EPA’s description of the what will be covered: “Legacy lead service lines (LSLs) represent the greatest source of lead in drinking water. LSL identification is the first step to their removal, which is a national priority. This webinar will provide an overview of methods that have been used for LSL identification, including records screening, basic visual examination, water sampling, excavation and others. It will offer a qualitative comparison of method cost, duration, accuracy, disturbance and other impacts, as well as an example stepwise approach to identify unknown service line materials. Considering the pros/cons of each step and the variable needs/constraints of different drinking water utilities, this suggested stepwise approach can serve as a starting or refinement point for different stages of service line inventory efforts.”

In the October 19, 2022 Federal Register the Environmental Protection Agency (EPA) announced the availability of a draft “Integrated Risk Information System (IRIS) Toxicological Review of Hexavalent Chromium.” The draft toxicology review is out for a 60-day public period for public comment and review (public comments are due by December 19, 2022). After the public review and comment period, EPA will present the draft toxicology review to the Science Advisory Board for their review. The draft IRIS document reviews information on inhalation and ingestion routes of exposure for both cancer and non-cancer health effects.

The draft toxicology review is a fairly large document, and several supplement documents posted by EPA are also large. The link below should take you directly to the EPA’s downloads section for the draft IRIS CrVI toxicology review:
https://cfpub.epa.gov/ncea/iris_drafts/recordisplay.cfm?deid=355226#tab-3

Text copied from the draft IRIS Executive Summary:
“For cancer via the oral route of exposure, Cr(VI) is likely to be carcinogenic to the human GI tract. Because a mutagenic mode-of-action (MOA) for Cr(VI) carcinogenicity is “sufficiently supported in (laboratory) animals” and “relevant to humans,” EPA used a linear low dose extrapolation…….The total lifetime [cancer] oral slope factor (OSF) for Cr(VI) is 0.5 (per mg/kg-d).”

On November 3, 2022, at 9:30 am, the State Water Resources Control Board (SWRCB), Division of Drinking Water (DDW) will hold a public workshop on proposed revisions to the detection limits for purposes of reporting (DLR) for eight metals, and new DLRs for three constituents with secondary MCLs. The formal regulatory process to propose and finalize these changes, has not yet begun. Public comments are due by noon, November 18, 2022.

The workshop will be held via remote video software only. Link to view the November 3, 2022 workshop:
https://video.calepa.ca.gov/#/

DDW is proposing to make the changes in a two phase program. Phase I would lower the lead and nickel DLRs and establish DLRs for iron, manganese, and zinc. Phase II would lower the DLRs for antimony, arsenic, beryllium, cadmium, lead, manganese, mercury, and thallium with a three-year compliance schedule.

The DDW announcement includes the following statement about an additional change: “Revisions to the lead and copper reduced monitoring frequency and large water system corrosion control treatment study criteria such that the criteria are not dependent on the lead DLR or federal lead method detection limit.”

The table below presents the current and DDW’s proposed DLRs.

Table: Current and Proposed Metal DLRs
Proposed DLR
(mg/L)
Contaminant PHG (mg/L) MCL (mg/L) Current DLR (mg/L) Phase I Phase II
Antimony 0.001 0.006 0.006 No change 0.001
Arsenic 0.000004 0.010 0.002 No change 0.0005
Beryllium 0.001 0.004 0.001 No change 0.0005
Cadmium 0.00004 0.005 0.001 No change 0.0005
Iron None 0.3 None 0.10 No change
Lead 0.0002 0.015 0.005 0.001 0.0005
Manganese None 0.05 None 0.020 0.010
Mercury 0.0012 0.002 0.001 No change 0.0002
Nickel 0.012 0.1 0.01 0.005 No change
Thallium 0.0001 0.002 0.001 No change 0.0008
Zinc None 5.0 None 0.050 No change

There is no indication of a timeframe when the formal rulemaking would begin.

When EPA published the final Lead and Copper Rule Revisions (LCRR) in December 2021, the Federal Register announcement indicated that the Agency intended to publish a Lead and Copper Rule Improvements (LCRI) rule in the future. The intent of the LCRI is to address (change) several aspects of the LCRR (in the December 2021 Federal Register, however, EPA indicated there will be no change in the schedule and requirements for the preparation of a lead service line inventory). At the present time, EPA is engaging in several activities regarding the development of the LCRI and environmental justice considerations. These activities are described below.

Public Meeting on Lead and Copper Rule Improvements and Environmental Justice
EPA “…will host two virtual public meetings to discuss and solicit input on environmental justice considerations related to the development of the proposed Lead and Copper Rule Improvements (LCRI). These sessions will provide opportunities for EPA to share information about the upcoming LCRI rulemaking and for individuals to offer input on environmental justice considerations related to the rule. The two public meetings will be identical and will be held in an online-only format on October 25 (1:00 – 4:00 pm EDT) and November 1, 2022 (5:00 – 8:00 pm EDT).”

Link to register:
https://www.eventbrite.com/e/public-meetings-on-ej-considerations-for-the-development-of-the-lcri-tickets-427977089997

Science Advisory Board (SAB) and LCRI and Environmental Justice
EPA has requested the SAB’s input on the LCRI and environmental justice. Specifically, EPA is requesting the SAB’s input on “…tools, indicators, and measures for use in future analyses to determine Environmental Justice impacts of lead service line presence and replacement in a drinking water system.” The SAB will meet (virtually) on November 3, 2022 and November 4, 2022. There are three topics for the SAB meeting, one of the topics is specifically regarding the LCRI and environmental justice. Enclosed is the Federal Register announcement of the SAB meeting with details on time and a link to view the meeting. Also enclosed are two documents prepared by EPA for the SAB meeting: (1) the charge to the SAB for their input on environmental justice and removal of lead service lines, and (2) three case studies on environmental justice and lead service lines.

LCRI Public Docket and Environmental Justice
EPA is accepting written comments on environmental justice and the LCRI in a public docket until November 15, 2022. The following link will take you to the federal Regulations.gov website: http://www.regulations.gov/. Once there, enter EPA-HQ-OW-2022-0801 in the search bar. There are no details available as to the content of the LCRI. As of this Regulatory Update, the only document in the Docket is the announcement of the public meetings on environmental justice and the LCRI.

LCRI Current Schedule
EPA intends to propose the LCRI for public comment in 2023 and take final action by October 16, 2024.

On November 2, 2022, from 2:30 to 4:00 pm (ET) the Environmental Protection Agency (EPA) will host a webinar to “…prepare communities for how to get involved and provide EPA with their input on the upcoming proposed National Primary Drinking Water Regulation for per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act.”

EPA’s statement on what webinar will not cover: “During the webinar, EPA will not be discussing the specific requirements of the proposed PFAS drinking water regulation. That information will be available once the proposed rule is issued.”

Here is EPA’s list of topics to be covered during the November 2nd webinar:
• What are PFAS and how do they impact drinking water
• How EPA develops a drinking water regulation
• EPA’s timeline and activities associated with the proposed PFAS drinking water regulation
• What happens after the regulation is proposed and how can communities provide their input to EPA
• Where to go for more information

Registration is required to join the webinar. Link to register:
https://www.eventbrite.com/e/engaging-in-epas-upcoming-proposed-pfas-drinking-water-regulatory-process-tickets-433129149947

Background:
The Safe Drinking Water Act as amended in 1996 requires that every five years EPA is to create a list of contaminants that are currently unregulated and may require regulation in the future. These lists are referred to as the Contaminant Candidate List (CCL). Within five (5) years of a CCL being published final, EPA is to publish a formal determination (“Regulatory Determination”) whether or not to regulate at least five contaminants on the previous list. EPA has proposed and finalized four CCLs. The fourth CCL included PFOS and PFOA. In March 2021 EPA published a decision to move forward with development drinking water regulations for PFOS and PFOA. EPA’s stated intent is to publish the proposed MCLs in the fall of 2022 and publish the final enforceable standards in fall 2023. On October 6, 2022, EPA submitted the proposed MCLs for PFOS and PFOA to the Office of Management and Budget for their review. There are no details available. This would be the final step before EPA proposes the MCLs for public comment.

The Association of State Drinking Water Administrators (ASDWA) will hold a series of webinars on: “Implementation Tools and Best Practices for Lead Service Line Inventories and Replacements.” The link to the ASDWA announcement is copied below. The webinars will be held on Thursdays, from 1:00 to 2:30 ET. The first webinar will be held November 10, 2022.

https://www.asdwa.org/event/free-asdwa-webinar-series-implementation-tools-and-best-practices-for-lead-service-line-inventories-and-replacements/2022-11-10/

The list of six webinar topics below was copied from the ASDWA website, along with the date for each session and a link to register (registration is required for each session). Additional details that are available at this time are presented when you select the link to register. For example, here is the description of the first session on November 10th: “The first session in this webinar series will be on Technologies for Lead Service Line Inventories and Mapping. Listeners will hear from five companies who will outline their solutions for lead service line identification, inventories, mapping, and more. Companies presenting solutions include: Trinnex, Blue Conduit, 120Water, GEC and ESRI.”

Session 1 -Technologies for Lead Service Inventories and Mapping 11/10/2022 https://attendee.gotowebinar.com/register/9131072859629519884

Session 2 – Consultants’ Roundtable for Inventories and Mapping 12/15/2022 https://attendee.gotowebinar.com/register/8602824592692832527

Session 3 – Records Review for Inventory Development 1/12/2023 https://attendee.gotowebinar.com/register/2106296368304198923

Session 4 – Service Line Material Field Validations 2/9/2023 https://attendee.gotowebinar.com/register/3188832636059031819

Session 5 – Opportunities for Technical Assistance 3/9/2023 https://attendee.gotowebinar.com/register/8553150856373547279

Session 6 – Regulatory Roundtable 4/13/2023
https://attendee.gotowebinar.com/register/8488697484753368078

PBS Newshour posted a lengthy article on PFAS (“Why getting PFAS out of our products is so hard — and why it matters”). There are two videos on the website. About half way through the article, there is an approximately 9 minute PBS Newshour video – with a focus on firefighters exposure to PFAS and health effects. At the bottom of the article there is an approximately 7 minute Newshour video with a focus on the use of firefighting foams, but including a focus on ground water contamination.
Link to article and videos:
https://www.pbs.org/newshour/science/pfas-are-everywhere-what-can-we-do-to-change-that

EPA has announced that on October 26th and 27th, 2022 they will hold webinars on the implementation of the fifth Unregulated Contaminant Monitoring Rule (UCRM5) monitoring requirements. The final UCMR5 was published on December 27, 2021. Under the UCMR5, monitoring for 29 per- and polyfluoroalkyl substances (PFAS) and lithium in drinking water served by public water systems will occur during 2023-2025.

The October 2022 webinars are intended to provide information on “….monitoring schedules and locations, the Safe Drinking Water Accession and Review System (SDWARS), sample collection, and reporting requirements.”

EPA is presenting separate webinars for small systems (serving a population less than 10,000) and for large systems (those systems serving a population greater than 10,000). Webinars are scheduled to last 3 hours. The same webinar is being presented once in the morning and once in the afternoon. The dates, times and links to register for each meeting are presented below.
• Small Public Water System (PWS) webinar (for those serving 10,000 or fewer people):
o October 26, 2022 from 9:00 a.m. to 12:00 p.m., eastern time
o October 27, 2022 from 1:00 to 4:00 p.m., eastern time
• Large PWS webinar (for those serving more than 10,000 people):
o October 26, 2022 from 1:00 to 4:00 p.m., eastern time
o October 27, 2022 from 9:00 a.m. to 12:00 p.m., eastern time