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1 1 (January 21, 2020)

handle is hein.crs/govbfwz0001 and id is 1 raw text is: FF.ri E.$~ & Updated January 21, 2020 Regulating Drinking Water Contaminants: EPA PFAS Actions The U.S. Environmental Protection Agency's (EPA) efforts to address the presence of per- and polyfluoroalkyl substances (PFAS) in drinking water has been the focus of increased congressional attention. 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 other actions to address PFAS in drinking water. The 116th Congress has held hearings and passed legislation directing EPA and other departments and agencies to take a range of actions to address PFAS contamination. In February 2019, EPA issued a PFAS Action Plan (EPA 823R1 8004), which discusses EPA's efforts to address PFAS under multiple environmental laws. This In Focus outlines the agency's activities to address PFAS using SDWA authorities and reviews related legislative actions. 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 an array of purposes such as fighting fuel-based fires and for processing and manufacturing numerous commercial products (e.g., stain-resistant and waterproof fabrics, nonstick cookware, and food containers). The two PFAS most frequently detected in drinking water are perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS). (U.S. manufacturers have phased out the production and most uses of PFOA and 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. 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. Dkrm 'Uflng Wat,-er Headkh SDWA authorizes EPA to issue health advisories for contaminants that are not regulated under the act (42 U.S.C. §300g-l(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. EPA developed these advisory levels to protect the most sensitive population groups, with a margin of protection, over a lifetime of daily exposure. 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 process includes identifying contaminants of potential concern, assessing health risks, collecting occurrence data (and developing any necessary test methods), and making determinations as to whether a national drinking water regulation is warranted. 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 EPA 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. 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). 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 the U.S. population is provided water from public water systems that serve more than 10,000 individuals.) In 2012, EPA issued the UCMR 3, requiring roughly 5,000 water systems to monitor for six PFAS including PFOA and PFOS between January 2013 and December 2015. According to EPA, 63 water systems (1.3%) serving an ~dN p\w -- , gmmw' goo mppm qq\ M , q 'M I 11LIANJILiM,

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