Analies Dyjak  |  Policy Nerd

As emerging contaminants like GenX, PFOA, and PFOS have been popping up in news headlines all over the country, there has been some confusion as to how these unregulated contaminants are addressed at the federal level. While it may seem like the Unregulated Contaminant Monitoring Rule is in place to protect people from any and all emerging contaminants, it is not a hard and fast rule designed to expedite regulation -- rather, it is a lengthy process that unfortunately has not resulted in many real-world changes. This article discusses aspects of the Unregulated Contaminant Monitoring Rule that may surprise you, and explains how drinking water contaminants become regulated in the United States.

What Is The Unregulated Contaminant Monitoring Rule?

The Unregulated Contaminant Monitoring Rule (UCMR) was created as a part of the 1996 Amendments of the Safe Drinking Water Act (SDWA). SDWA regulates all public drinking water systems throughout the United States. It establishes National Primary Drinking Water Regulations for 90 contaminants, which are known as Maximum Contaminant Levels (MCLs). UCMR is the process that EPA uses to regulate contaminants. However, it has ultimately failed to create meaningful changes in water quality regulation.

How Are Drinking Water Contaminants Regulated In The United States?

Under the Safe Drinking Water Act, EPA typically follows a specific process when determining whether to regulate certain contaminants. Every 5 years, EPA publishes a list of 30 contaminants under the UCMR called the Contaminant Candidate List (CCL). Contaminants on this list are not regulated by National Primary Drinking Water Regulations, but are most likely present in public drinking water systems. These contaminants are placed on the list because they pose the greatest public health risk through ingestion of drinking water. EPA’s job is to whittle down the list of 30 to a handful of priority contaminants. Of that group of priority contaminants, EPA must make a regulatory determination for at least 5. EPA can choose to regulate all, some, or none of these contaminants.

What Is The Criteria For UCMR Regulatory Determination?

1. EPA must determine that the contaminant does/does not cause adverse health effects in humans.
2. EPA must determine if the contaminant will be present in public drinking water systems at an unsafe concentration.
3. EPA Administrator must determine if regulating the contaminant will reduce adverse health effects in humans.

Does A Contaminant Have To Be On The CCL To Become Regulated?

No. EPA is not limited to regulating contaminants that are on the current CCL. EPA can consider other contaminants if they present a serious public health concern in drinking water.

Does the Unregulated Contaminant Monitoring Rule Set Drinking Water Standards?

No. UCMR/CCL contaminants are not subject to regulation. As a part of the UCMR program, EPA establishes Minimum Reporting Levels (MRLs) for each contaminant. National Water Quality Laboratory defines MRLs as ”the smallest measured concentration of a substance that can be reliably measured by using a given analytical method.” MRLs are not to be confused with Maximum Contaminant Levels (MCLs), which are enforceable regulatory thresholds for drinking water contamination.

How Are Contaminants Added To The Contaminant Candidate List?

In order for a contaminant to be considered for the EPA UCMR, it must be registered in the United States and have an analytical reference standard. The National Drinking Water Advisory Council and National Academy of Sciences are instrumental in determining which contaminants should be added to the list. After UCMR 2, EPA allowed for public participation in the CCL decision making process. Additionally, a contaminant can be added to multiple CCLs. For example, Perchlorate was on CCL 1, CCL 2, and CCL 3 before it was regulated.

Common Contaminants Considered Under The Unregulated Contaminant Monitoring Rule

The Third Unregulated Contaminant Monitoring Rule (UCMR 3) was published in May of 2012, and it included two chemicals that you might be familiar with. Perfluorooctanesulfonic acid (PFOS) and Perfluorooctanoic acid (PFOA) were both on Contaminant Candidate List 3. Both of these contaminants fall under a broad category of contaminants called PFAS, which are found in heat resistant and non-stick products such as Scotchguard, Teflon, and fire fighting foam. Unfortunately, neither PFOS or PFOA made it to the Regulatory Determination Assessment Phase, and both were removed from regulatory consideration.

What Is The Contaminant Candidate List?

The Fourth Unregulated Contaminant Monitoring Rule (UCMR 4) is the current batch of contaminants that’s under consideration for a regulatory determination. It was published in December of 2016, and includes nine cyanotoxins, two metals, nine pesticides, three disinfection byproducts, three alcohols, and three semivolatile organic chemicals.

Our Take:

While the 1996 Safe Drinking Water Act Amendments provided regulatory due diligence, they also created an unbearably extensive review process. Industrial manufacturing companies are unrestricted when it comes to developing new products, and chemicals pushed to the market are essentially “safe” until proven otherwise. This sort of regulatory approach comes at a serious cost to human health. Chromium 6 is the best example of the flawed regulatory framework for drinking water. The 2000 blockbuster movie “Erin Brockovich” discussed the dangerous toxicity of Chromium 6 and it still isn’t regulated, nor does it appear on the most recent Contaminant Candidate List (CCL 4). The most important takeaway from the EPA UCMR is that once a new CCL is published, the contaminants on the old list don’t just go away. Millions of Americans are forced to deal with adverse health effects because “scientific uncertainty” didn’t allow for regulation. This regulatory framework can't keep up with the thousands of new contaminants that are currently present in the environment.

Ernesto Esquivel-Amores  |  Water Nerd

This week, Hydroviv is highlighting the six new National Priorities List (NPL) sites under the EPA Superfund program. Superfund sites are home to high levels of hazardous soil and groundwater contamination from years of improper disposal techniques. If you’d like to learn more about the ins and out of Superfund, check out our recap HERE. The next Superfund site that we’ll be discussing is located in Cheraw, South Carolina.

Cheraw, South Carolina is home to another newly designated national Superfund site. This small town is home to roughly 6,000 people. EPA detected high levels of Polychlorinated Biphenyls, or PCBs in the sediment in residential neighborhoods and in nearby water streams. The source of this contamination is linked to a nearby textile mill. The water in Cheraw became contaminated because the facility created a drainage ditch was used to dispose of wastewater. Contaminated water from the drainage ditch infiltrated into groundwater, and was also transported onto residential lawns through stormwater runoff. Runoff also transported chemicals into surrounding wetlands and into the Grand Pee Dee River, the Wilson Branch Stream, and the Huckleberry Branch Stream. As a result, the state has issued a fish consumption advisory for all fish caught in the Grand Pee Dee River due to the high levels of Polychlorinated Biphenyls (PCBs). PCB is a carcinogen and can adversely affect pregnant women, children, and other sensitive populations. For more information about PCBs please check out our site at hydroviv.com. If you live near a national Superfund site and are concerned about your water, drop us an email at hello@hydroviv.com or visit hydroviv.com and use our live chat feature. Hydroviv is staffed with scientists and policy experts that can help you make sense of your water and find an effective filter, even if it isn’t one we sell.

If you live near a Superfund site and are concerned about your water, drop us an email at hello@hydroviv.com or visit hydroviv.com and use our live chat feature. Hydroviv is staffed with scientists and policy experts that can help you make sense of your water and find an effective filter, even if it isn’t one we sell. Be sure to follow along this week as we discuss all of the newly designated Superfund sites!

Analies Dyjak  |  Policy Nerd

This week, Hydroviv is highlighting the six new National Priorities List (NPL) sites under the EPA Superfund program. Superfund sites are home to high levels of hazardous soil and groundwater contamination from years of improper disposal techniques. If you’d like to learn more about the ins and outs of Superfund, check out our recap HERE. The first Superfund site that we’ll be discussing is located in Hockessin, Delaware.

Hockessin, Delaware is home to one of the six newly designated Superfund NPL sites. EPA detected high levels of Tetrachloroethylene (PCE) on site, which is a known carcinogen. In a 2012 carcinogenicity assessment, EPA set a Maximum Contaminant Level (MCL) of 5 parts per billion for drinking water. Long term exposure of PCE can cause adverse effects to the liver, kidneys and central nervous system. The Artesian Water Authority services 184,000 people in Hockessin, and government officials are predicting that 10,500 of these individuals may be affected by the contamination. Local officials claim that the tap water is “safe” to drink, but households that are not serviced through the Artesian Water Authority and those ingesting groundwater should be cautious. Currently, EPA is claiming that the source of contamination is unknown. PCE is an effluent typically associated with dry cleaning, textile operations and metal degreasing.

If you live near a Superfund site and are concerned about your water, drop us an email at hello@hydroviv.com or visit hydroviv.com and use our live chat feature. Hydroviv is staffed with scientists and policy experts that can help you make sense of your water and find an effective filter, even if it isn’t one we sell. Be sure to follow along this week as we discuss all of the newly designated Superfund sites!

Analies Dyjak, M.A.  |  Policy Nerd

Updated November 19, 2020

EPA added 6 sites to the National Priorities List under the Superfund program during the spring of 2019. Cyanide, Lead, Tetrachloroethene (PCE), Trichloroethylene (TCE), 1,2-dichloroethylene (DCE), vinyl chloride, and Polychlorinated Biphenyls (PCBs) are just some of the toxic chemicals found at the newly designated sites. Our team is working around the clock to analyze each situation and put together articles and videos explaining how each site can impact your drinking water. Make sure to follow along and subscribe to our Twitter, Facebook, and YouTube as we discuss where each site is located and the contaminants that are present.

What is a Superfund Site?

In 1980, the Carter administration decided to address years of environmental degradation by creating the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), commonly known as Superfund. Superfund establishes requirements concerning closed and abandoned hazardous waste sites, holds responsible parties liable for releases of hazardous waste, and establishes a fund to pay for remediation when a responsible party cannot be identified. Superfund is not necessarily a “cradle to grave” statute. It was established to clean up years of hazardous waste before disposal practices were being regulated, which is why many responsible parties cannot be identified.

Why Is Superfund Important?

Hazardous waste and designated Superfund sites almost always end up affecting drinking water sources. Over periods of time, toxic sludge and vapor plumes at these abandoned hazardous waste sites seep into groundwater. The concern to humans is that the same contaminated groundwater is commonly used as a drinking source for a community. In fact, all 6 of the recently designated Superfund sites involve some sort of groundwater contamination. Many of the toxic chemicals found at Superfund sites are either known carcinogens or extremely toxic.

Federal Superfund Site Delegation Process

Prior to EPA’s delegation of a Superfund site, research, community involvement, and site inspections at the state and federal level must be conducted. This process can take years which is why it’s important to stay current with public notices within your community. Once the site meets certain standards, it’s added to the National Priorities List and officially becomes a designated Superfund site. CERCLA has the jurisdiction to delegate two types of response actions; short term removals and long term remedial response actions. For the purpose of this article, we will only be referring to long term remedial response actions. Long term actions permanently reduce the danger associated with releases of hazardous substances. These actions are dubbed serious, but not immediately life threatening. Short term and long term actions are both registered on EPA’s National Priorities List. This list is significant because it’s EPA’s way of addressing that there’s a serious problem that requires some sort of federal involvement. Superfund cleanup efforts are reviewed once every 5 years to see if remedial goals have been met. A site is removed from the National Priorities List once all response and remediation action has occurred. Typically, total remediation of a federal Superfund site can take decades because of the scope of groundwater and soil contamination.

Sources of Contaminants

As previously stated, the EPA detected several hazardous chemicals at each of the federal Superfund sites. The most common being Tetrachloroethene (PCE), which is commonly used by dry cleaning facilities. EPA also detected Trichloroethylene (TCE) which is an industrial solvent, typically used as a metal degreaser as well as a refrigerant in older refrigerators. Polychlorinated Biphenyls (PCBs) which were historically used in electrical manufacturing. Cyanide, lead, chromium 6, and mercury, were among some of the other toxic contaminants that EPA detected.

Make sure to follow along this week to learn more about each of the Superfund sites. We’ll be walking through each site, the contaminants that were detected and their toxicity. As always, we encourage you to take advantage of Hydroviv's "Help No Matter What" technical support policy, where we answer questions related to drinking water and water filtration, even if you have no desire to purchase our products. Drop us a line at hello@hydroviv.com