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1 1 (August 2, 2023)

handle is hein.crs/govemkc0001 and id is 1 raw text is: a Congressional Research Service informing the legislative debate since 1914 0 Updated August 2, 2023 Regulating Drinking Water Contaminants: EPA PFAS Actions The detection of certain per- and polyfluoroalkyl substances (PFAS) in some public water supplies has generated public concern and increased attention to the U.S. Environmental Protection Agency's (EPA's) actions to respond to PFAS using Safe Drinking Water Act (SDWA) authorities. In March 2021, EPA finalized a positive regulatory determination (RD) to develop SDWA regulations for the two most frequently detected PFAS, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) (86 Federal Register 12272). On March 29, 2023, EPA proposed a national primary drinking water regulation (NPDWR) for PFOA and PFOS, and issued a preliminary positive RD and a proposed NPDWR for several other PFAS (88 Federal Register 18638). Under SDWA, EPA is required to finalize the rule within 18 months of the proposal. Background PFAS include thousands of diverse chemicals, some of which have been used for decades. The chemical characteristics of PFAS led to their use in an array of industrial, commercial, and U.S. military applications. These include use in fighting fuel-based fires and the processing and manufacturing of numerous products (e.g., stain-resistant and waterproof fabrics, nonstick cookware, and food containers). PFOA and PFOS were the most produced PFAS, historically. EPA worked with U.S. manufacturers as they voluntarily phased out production of PFOS, PFOA, and related substances. 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 contaminants in drinking water supplies and sources. These include the authority to issue health advisories, regulate contaminants in public water supplies, and issue emergency powers orders in certain circumstances. Drinking Water H ealth Advisories SDWA authorizes EPA to issue health advisories for contaminants (42 U.S.C. §300g-1(b)(1)(F)). Advisories provide information on health effects, testing methods, and treatment techniques, as well as identify 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. In June 2022, EPA revised the advisories for PFOA and PFOS, and issued new advisories for perfluorobutane sulfonic acid (PFBS) and GenX chemicals. EPA finalized Lifetime Health Advisory levels for PFBS and GenX chemicals at 2,000 ppt and 10 ppt, respectively. EPA issued interim Lifetime Health Advisory levels at 0.004 ppt for PFOA and 0.02 ppt for PFOS, significantly lower than the 2016 levels. 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 drinking water regulation is warranted (42 U.S.C. §300g-1). As discussed below, 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 federal drinking water regulation is warranted. Identifying Contaminants for Evaluation 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 Unrgulated 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 up to 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. (More than 80% of U.S. residents receive water from public water systems that serve more than 10,000 individuals. More than half of water systems serve fewer than 500 people.) 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 estimated 5.5 million individuals detected PFOA and/or PFOS at levels above EPA's 2016 health advisory level of 70 ppt (separately or combined). UCMR 4 did not require monitoring for PFAS. As directed by the National Defense Authorization Act for FY2020 (2020 NDAA; P.L. 116-92), EPA included on the next UCMR (i.e., UCMR 5) every PFAS for which EPA had identified a validated test method. (EPA has validated test methods for 29 PFAS.) In December 2021, EPA finalized UCMR 5, which requires all water systems serving 3,300 or more people to monitor for 29 PFAS

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