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1 1 (July 3, 2019)

handle is hein.crs/govbaec0001 and id is 1 raw text is: Congressional Research Service Informing the legislative debate since 1914 S Updated July 3, 2019 Regulating Drinking Water Contaminants: EPA PFAS Actions Detections of per- and polyfluoroalkyl substances (PFAS) in drinking water supplies and uncertainty about potential health effects associated with exposure to PFAS have increased congressional attention to the U.S. Environmental Protection Agency's (EPA) efforts to address these substances in public water supplies. Over the past decade, EPA has been evaluating several PFAS under the Safe Drinking Water Act (SDWA) to determine whether national drinking water regulations may be warranted. EPA has not issued SDWA regulations for any PFAS but has taken various actions to address PFAS in drinking water. In the 116th Congress, bills have been introduced to direct EPA to issue drinking water regulations and standards, increase monitoring and research, and take other actions to address these substances. In February 2019, EPA issued a PFAS Action Plan (EPA 823R18004), which discusses EPA's efforts to address PFAS under multiple environmental laws. This In Focus outlines the agency's PFAS-related activities using SDWA authorities, with particular focus on the process for evaluating contaminants for regulation under SDWA. (For more details, see CRS Report R45793, PFAS and Drinking Water: Selected EPA and Congressional Actions.) ackground PFAS include thousands of diverse chemicals, some of which have been used for decades in an array of industrial, commercial, and U.S. military applications. The chemical characteristics of PFAS have led to the use of various PFAS for beneficial purposes (such as firefighting) and to process and manufacture numerous commercial products (e.g., stain-resistant and waterproof fabrics, nonstick cookware, and food containers).The two PFAS that have been detected in water most often are perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS). In 2016, EPA reported that PFOA and/or PFOS were detected in at least one public water system in 24 states. Four other PFAS were also detected in some systems. U.S. manufacturers have phased out the production and most uses of PFOA and PFOS. SDWA provides EPA with several authorities to address unregulated contaminants in drinking water supplies and sources. As briefly discussed below, these include the authority to issue health advisories, regulate contaminants in public water supplies, and issue enforcement orders in certain emergency circumstances. Drinking Water Health Advisories SDWA authorizes EPA to issue health advisories for contaminants that are not regulated under the act (42 U.S.C. §300g-1(b)(1)(F)). Health advisories provide information on health effects, testing methods, and treatment techniques for unregulated contaminants of concern. They also include nonenforceable levels to help water suppliers and others address contaminants that lack federal (or state) drinking water standards. In 2016, EPA issued Lifetime Health Advisory levels for PFOA and PFOS in drinking water at 70 parts per trillion (ppt) separately or combined. These levels are intended to protect the most sensitive population groups, with a margin of protection, over a lifetime of exposure. They replaced provisional advisory levels for short-term exposures to PFOA and PFOS that EPA had issued in 2009. Regulating Contaminants under SDWA SDWA authorizes EPA to regulate contaminants in water provided by public water systems and specifies a multistep process for evaluating contaminants to determine whether a national primary drinking water regulation is warranted (42 U.S.C. §300g-1). The evaluation process includes identifying contaminants of potential concern, assessing health risks, collecting occurrence data (and developing reliable analytical methods necessary to do so), and making determinations as to whether a national drinking water regulation is warranted for a contaminant. To make a positive determination to regulate a contaminant, SDWA directs EPA to find the following: (1) a contaminant may have an adverse health effect; (2) it is known to occur or there is a substantial likelihood that it will occur in water systems at a frequency and at levels of public health concern; and (3) in the sole judgment of the Administrator, regulation of the contaminant presents a meaningful opportunity for reducing health risks. Below is an overview of each step and related EPA efforts regarding the assessment of specific PFAS. Contaminant Selection Every five years, EPA is required to publish a list of contaminants that are known or anticipated to occur in public water systems and may warrant regulation under the act (42 U.S.C. §300g-1(b)). In 2009, EPA placed PFOA and PFOS on the third such contaminant candidate list (CCL 3) for evaluation (74 Federal Register 51850). In November 2016, EPA issued CCL 4, which carried over many CCL 3 contaminants, including PFOA and PFOS, for further evaluation (81 Federal Register 81103). Monitoring for Unregulated Contaminants To generate nationwide occurrence data for unregulated contaminants, SDWA directs EPA to promulgate, every five years, an unregulated contaminant monitoring rule (UCMR) that requires water systems operators to test for no more than 30 contaminants (42 U.S.C. §300j-4). EPA generally requires monitoring by operators of all public water systems that serve more than 10,000 persons, plus a representative sample of smaller systems. (Roughly 82% of httfps:I/crsreports.conc -- -q

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