Analies Dyjak  |  Policy Nerd

The Agency for Toxic Substances and Disease Registry (ATSDR) just released a draft toxicological profile for Perfluoroalkyl Substances such as PFOA and PFOS. This category of emerging contaminants have flooded news headlines this past year, even though they've been persistent in the environment since the 1950’s. PFOA and PFOS are ingredients used in the production of non-stick materials like Scotchgaurd, Teflon, and firefighting foam. The risk to human health is "unknown" but exposure has been linked to various types of cancer, developmental issues, and preeclampsia in laboratory animals.

June 20, 2018 ATSDR Toxicological Profile for Perfluoroalkyls

Municipalities across the country have been demanding that government agencies expedite toxicological reports for this dangerous class of contaminants. Wilmington, North Carolina and several Michigan municipalities are just some of the locations that have been severely impacted by perfluoroalkyl contamination. Unfortunately, GenX, the most popular PFAS was not included in this particular toxicity study. This toxicological profile included provisional Minimal Risk Levels for both PFOA and PFOS. A Minimal Risk Level (MRL) is a non-enforceable standard, similar to an EPA health advisory level. The Agency for Toxic Substances and Disease Registry recommended reducing EPA’s non-enforceable health advisory from 70 parts per trillion to 20 parts per trillion for drinking water. This means municipalities across the country may be in exceedance with this new health recommendation, so people should stay current with public notices in their area.

Are Perfluoroalkyls Now Regulated? 

It’s important to note that this toxicity study does not mean that PFOA and PFOS contaminants are now regulated. The Agency for Toxic Substances and Disease Registry can only make recommendations and provide scientific data regarding this class of contaminants. It’s now up to regulatory agencies to comb through these data and make decisions to ensure that public health is protected. The regulatory process in this country, especially for toxic substances, can take upwards of decades. A regulation proposed by EPA or CDC could take years to draft and even longer before it’s enforceable.

Our Water Nerds are working around the clock to help make sense of this 852 page document. We’ll be reviewing the document and providing information on our Youtube, Facebook and Twitter accounts. Make sure to subscribe and follow Water Nerd TV on Facebook to stay up to date!

Analies Dyjak | Policy Analyst

In last weeks blog post, we discussed what a National Pollution Discharge Elimination System (NPDES) permit should look like. This article discusses the major problems with the 2015 Chemours-Fayetteville NPDES permit issued by the North Carolina Department of Environmental Quality

History Of PFAS Discharge By Dupont/Chemours

In 2015, the North Carolina Department of Environmental Quality issued a renewal NPDES permit to the Chemours Dupont manufacturing plant in Fayetteville, North Carolina. Prior to the media spotlight of GenX in the Cape Fear River in the summer of 2017, Chemours (and Dupont) had been receiving permit renewals since the plant was built in the 1970’s. This particular Chemours plant had been illegally discharging PFAS compounds for years. Similar compounds were not listed or identified in the NPDES permit, which immediately raised a red flag. Our team has taken the time to analyze each section of this 2015 NPDES permit renewal.

Problems With The 2015 Chemours Renewal Permit

Units:

First off, there are no units next to the values in the table. The 2015 NPDES permit almost completely lacked uniformity among units. The reader needs to clearly identify if allowable discharge is in mg/kg/day (parts per million), ug/kg/day (parts per billion), and so on. However, Chemours Dupont used “pounds per day” which isn’t constant with the EPA's normal standards of mg/kg/day or ppm. As we discussed in the overview of NPDES permit article, when a permitting agency fails to include units/dosage, they are allowing chemical discharge at any concentration, so long as the total mass does not exceed the stated value. In doing so, they opened up the door for the permit holder to coordinate discharge schedules with their sampling. More on this below.

Sampling:

The second issue is sampling. Chemours mainly used a grab sampling technique to test the surrounding Cape Fear water quality. Grab sampling is a daily one-time collection of water at any given location. This means that Chemours was able to determine the location and time for collecting a sample. As you can probably infer, this would allow Chemours to collect their daily grab sample as far away from the point of discharge as possible. Additionally, this sampling method allows Chemours to collect samples at a time when operation was halted or during a low-discharge period. Either of these sampling tricks could skew concentration levels and water quality being sent to the EPA.

No Plan To Reduce Discharge:

Finally, the National Pollutant Discharge Elimination System was created to help reduce pollution in US waterways. Permitting agencies should include a plan on how they’re working to reduce chemical discharge in their NPDES permit.

Summary

The Chemours NPDES permit is one of many inadequate documents distributed by state governments. Although it’s easy to blame the permitting agency, it’s really the fault of the federal government for not supplying an improved uniform template. Federal and state governments should demand more stringent practices from polluters in terms of allowable limits, uniformity in terms of units, and consistent, thorough, sampling techniques.

Although this particular permit seems is inadequate, there are hundreds of active permits in the US that are much worse. In future articles, we'll be shining some light onto these permits as well.

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Analies Dyjak, Hydroviv Policy Analyst. 

This past Thursday, January 25th, H2GO and a local news agency hosted an informative meeting to update the public on the GenX crisis that’s unfolding in Brunswick County, North Carolina. The forum consisted of 3 scientists, 2 representatives from the North Carolina Department of Environmental Quality (NCDEQ), local utility providers, and a packed audience of concerned citizens. The mission of the meeting was to communicate to residents any recent actions and discoveries in this public health debacle.

Meeting Topic: Growing Concern About Other PFASs

The public forum made it clear that the scientists and Brunswick County residents are becoming more and more concerned with other perfluroalkyl and polyfluroalkyl subscances (PFASs) that are also present in the Cape Fear River. The scientists concluded that they know even less about these contaminants, which is troubling considering how little is known about GenX.

Our Take: While the presence of other PFASs are new to the nationwide press, they are not new to the scientific community. Dr. Knappe's work has been going on for quite some time, and is highly-respected by the environmental science community (including our science team). It's likely that GenX captured more attention than many other chemicals because it has an ominous (but easy to pronounce) nickname. 

Meeting Topic: Comments From State Regulatory Agencies

A representative from the North Carolina Department of Environmental Quality (NCDEQ) shared the three requests made by the Governor to the Environmental Protection Agency; expedite water quality data on GenX, expedite the risk assessment so that national and state standards could be set, and review the consent order under the Toxic Substance Control Act. 

Our Take On This: This feels a bit like grandstanding, becasue there are thousands of unregulated contaminants that are currently “in review” by the EPA, and the Clean Water Act only allows a MAXIMUM of 30 unregulated contaminants to be monitored in drinking water every 5 year period. The timescales for progress in these types of things are measured in decades, not months. For reference, chromium 6, whose toxicity and occurrence in US drinking water systems has been established for decades, is still not regulated. This is despite being the fact that it was made famous by the Erin Brockovich Movie (released in 2000). 

What Is Hydroviv Doing To Help Remediate Perfluorinated Compounds (Including GenX) In Drinking Water?

As a company, we're not really in a position to push for long-term regulatory changes, but we have heavily invested in a rapid R&D program to develop an under sink water filtration system that is optimized for GenX removal. Unlike reverse osmosis filters, our system does not require the user to drill a hole in their drain pipe or countertop, so our water filters can be used by homeowners and renters alike. 

Of course, our Water Nerds are also standing by to answer questions about GenX, PFASs, regulatory policy.... even if you have no intention of purchasing one of our filters. Open a chat line on our homepage with one of our Water Nerds or send us an email at hello@hydroviv.com.

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GexX Update From January 25 Town Hall Meeting With H2GO