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.

Analies Dyjak  |  Hydroviv Policy Analyst

Updated 3/13/2024

What Is Groundwater?

Groundwater is submerged water located among soils, cracks and pores, beneath the surface of the earth. Groundwater travels down a gradient through geological formations and is stored in aquifers. Aquifers act as holding tanks for readily available drinking water. Rain patterns, hydrology, and ice/snow melt are the primary factors that affect how quickly a groundwater supply is replenished, also known as recharge. The recharge rate is how quickly aquifers are able to replenish the groundwater level after an influx of water.

Why Is Groundwater So Important?

It’s simple: It supplies drinking water to millions of Americans whose municipalities draw from groundwater sources (e.g. Miami, Tucson, Lincoln), as well as the 15% of people living in the U.S that use private wells as their drinking water source. In fact, the US Geological Survey estimates that 140 million people, or about 40% of the nation's population get their drinking water from groundwater sources, which include both municipal (city) water and private wells. Groundwater is also a major supplier of surface water in oceans, lakes, streams, ponds and wetlands. Crucial habitats and ecosystems are dependent on an influx of healthy groundwater, as well as surface water for public drinking water usage.

How Can Groundwater Become Polluted?

There are two major ways that groundwater can accumulate toxic chemicals:

1. Natural-occurring chemicals: In some regions of the country, things like arsenic, radium, and uranium are naturally found in the rocks that come in contact with groundwater. 
2. Man-made Pollution: Groundwater can also become contaminated by human activities including: agriculture, industry, landfills, localized pollution, and anything that involves discharging effluent into a surrounding waterway. Polluted water seeps through soil until it reaches the water table, where it can travel freely depending on the hydrology and permeability of an aquifer. Contaminants that are particularly soluble in water (such as PFAS and 1,4-dioxane) can migrate into groundwater aquifers that serve as drinking water sources. Polluted groundwater then slowly travels through aquifers until reaching nearby surface water or being pumped through a well and consumed as drinking water.

Are There Federal Regulations That Protect Groundwater?

The Ground Water Rule was created in 2006 by the U.S Environmental Protection Agency to improve and inspect drinking water sources that may be potentially polluted by fecal contamination. This rule does not address human-made toxic and carcinogenic groundwater contamination. Additionally, the Ground Water Rule is specific to public water systems and excludes private wells.

The Federal Government does not oversee or have anything to do with regulating private wells. In fact, private wells aren’t even regulated by the Safe Drinking Water Act. This means that it’s at the discretion of the homeowner to determine if their private well water is safe for consumption. Testing private well water is extremely expensive and at times ineffective if the contamination type and concentration is continuously changing. Additionally, The Federal Government doesn’t regulate many of the contaminants in questions today.

How Can I Learn More About My Water?

If you have any questions about groundwater and regional water information, we encourage you to take advantage of Hydroviv’s “Help No Matter What” approach to technical support, where we will help you, even if you have no desire to purchase one of our water filters. Truth be told, we have access to a much larger pool of water quality data than is easily accessible to the general public. You can reach our water nerds by emailing hello@hydroviv.com or opening a Live Chat window in the bottom corner of this screen.

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Editor's Note: This article was updated on 1/23/2018 to include the most recent lead test data.

Eric Roy, Ph.D.  |  Scientific Founder

With lead contamination in the national spotlight, we get asked a lot of questions about water quality in major US cities. Because Hydroviv optimizes filters for each city's water,we spend a lot of time looking at water quality data and regulatory disclosures, not media commentary. This article gives a quick look at the lead problem in Pittsburgh’s water, and also provides some practical advice for Pittsburgh residents so they can minimize their exposure to lead from tap water.

How Lead Enters Pittsburgh’s Tap Water

The lead crisis in Flint has brought nationwide attention to the fact that corrosive water can leach lead from lead-containing pipes, soldered joints, and plumbing fixtures. This means that if lead pipes are present in a city’s old infrastructure, the home’s plumbing predates 1986, or the fixtures predate 1998, there is an opportunity for lead contamination. Pittsburgh is an historic city with old infrastructure, so residents rely on municipal corrosion control measures to prevent contamination. Unfortunately for the residents of Pittsburgh, municipal corrosion control measures have not been able to keep lead from leaching from an aging infrastructure.

Lead In Pittsburgh’s Water Has Been Rising Since 2001 And Now Exceed The EPA Action Level

The concentration of lead from samples collected for regulatory purposes in Pittsburgh’s have been steadily climbing from 2001 to 2013. Despite nearly exceeding the EPA Action Level in 2013, and the clear decade-long upward trend, Pittsburgh did not report lead data again until 2016. Unexpectedly, lead concentrations jumped another 30% during this 3 year period of non-testing, and lead concentrations in Pittsburgh now exceed the EPA Action Level, with more than 17% of the samples collected as part of the regulatory testing coming in over the 15 part per billion (ppb) regulatory threshold. It's also important to point out that there is a difference between the regulatory limit and human toxicity, because US EPA acknowledges that the lead concentration where "there is no known or expected risk to health” is 0 ppb, not 15 ppb.

Update 1/23/2018: The most recent round of test data shows that lead levels continue to rise in Pittsburgh, and the 90th percentile concentration is now 21 ppb. Furthermore, more samples are coming in at much higher concentrations.

How Pittsburgh Residents Can Minimize Lead Exposure From Tap Water

If residents choose not to filter their water for lead, we highly recommend that they request a free lead test kit and take the following measures to reduce their risk.

• Allow water to run for at least 2 minutes before using it for drinking, cooking, and preparing infant formula:
• Never use water from the hot water tap for drinking, cooking, and preparing infant formula:
• Only operate the faucet at moderate flow when collecting water for drinking, cooking, and preparing infant formula. This practice reduces the likelihood that lead-containing particles are swept into the water as it flows through the pipes.
• Regularly remove and clean out their faucet aerator, which removes lead-containing particles that may have become trapped in the mesh screen.

As always, we encourage everyone 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 support@hydroviv.com.

Sources Used In This Article

Source Water Assessment For Allegheny River
2016 PWSA Lead Results Disclosure
2015 Consumer Confidence Report
US EPA Table Of Regulated Drinking Water Contaminants And Definitions

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Analies Dyjak  |  Policy Nerd

One of the most frequently asked questions that our Water Nerds get asked is, “is my water safe?” Unfortunately, the answer to this isn’t all that cut and dry. We wanted to make a quick video explaining what “safe” really means.

What Does "Safe" Drinking Water Actually Mean?

“Safe” is a regulatory definition that means your drinking water is in compliance with standards set by the decades-old Safe Drinking Water Act (SDWA). There are only 90 contaminants regulated under this act, and thousands of others that are not. Unless mandated by the state, municipalities don't account for any unregulated contaminants. According to EPA, if the levels for each regulated pollutant meet EPA’s standard, then the drinking water is in compliance and therefore "safe". This doesn't take into account the presence of unregulated contaminants such as chromium 6 or 1,4-dioxane. On April 10, 2024, the US EPA has announced drinking water standards to limit exposure to 6 types of PFAS chemicals.

Can States Regulate Drinking Water?

States can create their own standards for regulated and unregulated contaminants, California being the best example. Most states typically don’t prioritize setting drinking water standards, or can’t afford to do so. Also, setting more stringent safe drinking water standards means that municipalities are responsible for complying with new allowable limits. This often means purchasing detection equipment as well as expensive filtration technology. More often than not, fitting these huge expenses into a local budget is impossible, and states take that into consideration when setting new standards. 

Defining Legal Jargon

It’s important to understand the difference between enforceable and non-enforceable regulatory terms. Non-enforceable terms include; Lifetime Health Advisory Levels, Public Health Goals, Minimum Risk Levels, and Maximum Contaminant Level Goals. All of these are non-enforceable terms, and therefore municipal water treatment facilities do not need to comply with them. The only enforceable safe drinking water standards are Maximum Contaminant Levels and Action Levels. 

Why are Enforceable and Non-Enforceable Standards Different?

Often, EPA is aware that their enforcement standards are set higher than what toxicologists consider to be safe. To address this, EPA creates Maximum Contaminant Level Goals (MCLGs) which refer to “the maximum level of a contaminant in drinking water at which no known or anticipated adverse effect on the health would occur...” The MCLGs are non-enforceable levels, and enforcement is only to MCLs (Maximum Contaminant Levels). 

In 2001, EPA set an enforceable Maximum Contaminant Level (MCL) of 10 parts per billion for Arsenic in drinking water. That same year, EPA adopted an MCLG of 0 parts per billion. This was EPA’s way of acknowledging that there really is no safe level of Arsenic in drinking water. EPA is unable to adopt a lower threshold because municipal water systems across the country would be out of compliance. EPA has to balance the cost imposed onto water municipalities, with the benefits associated with human health.

This same principle goes for contaminants with health advisories. EPA previously set a lifetime health advisory of 70 parts per trillion for PFOA. Soon after, the Center for Disease Control recommended reducing the advisory level to 20 parts per trillion for the same contaminant. Finally, there are several health and regulatory agencies that understand that federal limits are set way over a safe threshold. At Hydroviv, we look at toxicological data instead of regulatory data when determining if your water is safe. We prefer to make recommendations about what doctors and pediatricians say is safe.

In Summary

That was a lot of information so here’s a recap! When municipalities label water as “safe,” they’re only referring to the handful of regulated contaminants. There’s a lot of regulatory jargon that might make it hard to understand the difference between the recommended monitoring level and the enforceable monitoring level. And finally, what regulations say and what toxicologists say is very different in terms of “safe” levels. At Hydroviv, we look at toxicological data instead of regulatory data. We prefer to make recommendations about what doctors and pediatricians say is safe.

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