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1 1 (February 26, 2020)

handle is hein.crs/govcadi0001 and id is 1 raw text is: FF. ' ,iE , .,, &( , Updated February 26, 2020 Regulating Drinking Water Contaminants: EPA PFAS Actions The 116th Congress has held hearings and passed legislation directing the U.S. Environmental Protection Agency (EPA) and other departments and agencies to take a range of actions to address per- and polyfluoroalkyl substances (PFAS) in drinking water. EPA actions to respond to PFAS contamination under the Safe Drinking Water Act (SDWA) have received significant attention. The National Defense Authorization Act for FY2020 (NDAA, P.L. 116-92) amended SDWA to increase PFAS monitoring and authorize appropriations for grants to address PFAS in public water supplies, among other PFAS provisions. Over the past decade, EPA has been evaluating several PFAS under SDWA to determine whether national drinking water regulations are warranted for one or more of these substances. On February 20, 2020, EPA announced preliminary decisions to develop SDWA regulations for the two most frequently detected PFAS, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS). This In Focus outlines EPA actions to address PFAS under SDWA and reviews related legislation. 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). 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. (Historically, PFOA and PFOS were the most produced PFAS, and U.S. manufacturers have phased out their production and most uses.) 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. Drink~ng WaUter HkeaftdhAdvi4~uk 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. Reua~h, Conkmnank~ UNNcsr SDW 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 receives 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 ~dN mppm qq\ a ' p\w -- ' gn'a', g-o I 'M 11LIANJILiM,

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