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HomeMy WebLinkAbout38. USEPA Mandate to Conduct PFAS Sampling of Public Water Systems C:\Users\dianem\Desktop\2.22.22\38.docx Page 1 of 3 TO: Honorable Mayor and Members of the Common Council FROM: James Rabe, Director of Public Works DATE: February 17, 2022 RE: USEPA Mandate to Conduct PFAS Sampling of Public Water Systems Per- and Polyfluoroalkyl Substances (PFAS) are a group of chemicals that have been used and manufactured in the U.S. since the 1940s. These chemicals are used for their water- and stain- resistant qualities in products like clothing and carpet, nonstick cookware, fast food packaging, and firefighting foams. Most people in the U.S. have been exposed to PFAS in their lifetime due to the widespread usage over the past seventy to eighty years. These compounds do not readily break down in the environment and are often referred to as “forever” chemicals. The United States Environmental Protection Agency (USEPA) and the Wisconsin Department of Natural Resources (WDNR) are the two environmental regulatory bodies that would regulate these compounds. Neither agency currently regulates these compounds, although both agencies are spending countless hours researching the compounds and their effects, and are working on developing regulatory standards for the chemicals in surface water, groundwater, and drinking water. The USEPA has issued a Drinking Water Health Advisory (not a regulation) for two (2) PFAS compounds (PFOA and PFOS) of 70 parts per trillion (ppt). This advisory is for both compounds individually and combined. An USEPA fact sheet on the PFAS Drinking Water Health Advisory may be found on their website at https://www.epa.gov/sites/default/files/2016- 06/documents/drinkingwaterhealthadvisories_pfoa_pfos_updated_5.31.16.pdf. In June 2019, the State of Wisconsin Department of Health Services (WDHS), at the request of the WDNR, recommended groundwater standards for PFOA and PFOS of 20 ppt, both individually and in combination with each other and a few other PFAS compounds. More information on the WDHS recommendation may be found on their website at https://www.dhs.wisconsin.gov/chemical/pfas.htm. It is important to note that this advisory was not applicable to the City of Oshkosh Water Utility, since the City of Oshkosh draws our drinking water supply from surface water (Lake Winnebago). C:\Users\dianem\Desktop\2.22.22\38.docx Page 2 of 3 The WDNR is currently evaluating potential standards, and the Wisconsin Natural Resource Board (NRB) has items on their February 23, 2022 agenda to review and potentially adopt rules relating to PFAS compounds in groundwater, surface water, and drinking water. More information on the proposed standards and the NRB agenda can be found on the WDNR website at https://dnr.wisconsin.gov/About/NRB/2022/Feb. The WDNR and WDHS have issued some fish consumption advisories within the State of Wisconsin in regards to PFAS. These advisories have been issued in areas where there have been significant known discharges of PFAS compounds to the environment. One such advisory is in the Yahara River chain of lakes in the Madison area. Another such advisory has been in the Bay of Green Bay and upstream in the Peshtigo, Oconto, and Menominee Rivers to the first dam. The City of Oshkosh has not undertaken any water testing for these compounds to date. This decision was made for many different reasons, including the lack of regulations or requirements for PFAS compounds and concerns over the manner of testing and reliability of initial testing prior to lab certifications. While not pursuing voluntary testing under the not yet defined testing regulations, staff was taking an active role in statewide discussions with the Municipal Environmental Group (MEG) and League of Municipalities and has been monitoring the proposed regulations by WDNR to prepare the City to take action when standards are put forth. The City has also taken proactive steps to survey local industries and has identified no current local industrial PFAS product users or generators in the community. Some industries may have previously utilized PFAS-containing compounds, but have ceased use of those products. The Federal Aviation Administration (FAA) is still investigating potential replacements for PFAS Containing Aqueous Film Forming Foam (AFFF) that is utilized to combat aviation related fires. This is very different from the other areas in Wisconsin where there are significant known users and known discharges of materials containing PFAS compounds. While the State action is advancing through the NRB, and final action may be months, if not a year or more off, the Federal government has notified the City that it is moving forward with requirements for testing of drinking water for several PFAS compounds. The Federal Safe Drinking Water Act (SDWA) requires the USEPA issue a list of unregulated contaminants to be monitored by public water systems (PWSs) every five (5) years. The fifth Unregulated Contaminant Monitoring Rule (UCMR 5) was published on December 27, 2021. UCMR 5 requires sample collection for thirty (30) chemical contaminants between 2023 and 2025 using analytical methods developed by the USEPA and consensus organizations. Of the thirty (30) compounds on the list in UCMR 5, twenty-nine (29) of them are PFAS compounds, including PFOA and PFOS. The USEPA has notified the City of Oshkosh that we are required to test in accordance with UCMR 5. More information about UCMR 5 can be found on the USEPA’s website at https://www.epa.gov/dwucmr/fifth-unregulated-contaminant-monitoring-rule. Department of Public Works staff will work with our engineering consultants in 2022 to develop a PFAS testing plan. The testing plan is necessary to ensure the test samples are taken correctly, which is critical when testing for compounds at such low concentrations at parts per trillion. C:\Users\dianem\Desktop\2.22.22\38.docx Page 3 of 3 For example, if the sample taker does not follow some very specific instructions in the days leading up to the sample taking, it is very easy for the individual taking the samples to introduce levels of these compounds that are not necessarily present in the actual sample, thus creating false readings from the lab. As was previously discussed, these compounds have been used everywhere in society for several decades, and they are literally everywhere in our environment. The USEPA has identified a list of laboratories that are certified to conduct the testing in conjunction with UCMR 5. The USEPA has also developed a web-based tool for utilities to submit their data. Public Works staff currently anticipate completing the PFAS sampling plan in 2022, and then initiating sampling and reporting of data in 2023.