Water Quality InformationWritten By Actual Experts

Analies Dyjak & Matthew Krug

February 14th 2019: The Department of the Army and the Environmental Protection Agency posted the newly proposed “Waters of the United States” rule to the Federal Register. At its core, the proposed EPA WOTUS rule limits the water that EPA can regulate and monitor. By narrowing the scope of WOTUS definitions, this basically gives industries a roadmap of where it’s okay to pollute without the need for permitting. This is a big deal for the 45 million Americans who rely on well water for drinking and bathing. So, why should you care about the definition of waters of the United States?

"Waters of the United States"

This definition, also known as “WOTUS” has been up for debate for decades, and it’s interpretation has seen several Supreme Court cases. This proposed rule determines what waters the federal government is able to regulate and monitor. Generally, “waters” have traditionally been navigable waters such as oceans, rivers, ponds, and streams. As our scientific understanding of hydrology has improved, the scope of what are considered “waters” has expanded.

What Is Not Protected Under The Proposed Rule?

WOTUS definitions name certain waters as “excluded,” which, in this case, means they do not have a surface water connection. This means that groundwater, ephemeral streams, ditches, prior converted cropland and some wetlands and ponds are not included. This is a continued rollback of environmental regulations - and the 2019 EPA WOTUS rule proposal may have the farthest-reaching implications of all.

How Does This Proposed Rule Affect Drinking Water?

This rule puts the 45 million Americans that use private wells as a primary source of drinking water at risk. Private wells are not regulated by federal, state, or local governments, and agencies are not required to test for contaminants or ensure “compliance.” A 2006 study by the USGS concluded that private wells are already contaminated with various types of agricultural runoff, solvents, fumigants and inorganic compounds, the most common being arsenic and nitrates. Arsenic is a naturally occurring organic compound, that enters groundwater as bedrock weathers overtime. However, nitrates are used in fertilizers and enter both surface and groundwater from agricultural runoff. 8.4% of the wells tested in this study were in exceeded the federal standard for nitrates (we have an article dedicated specifically to nitrates in groundwater). Further, EPA does not provide recommended criteria or standards for private well users. By rolling back protections, private well users are being further kept in the dark.

How Did They Arrive At this Rule?

The proposed EPA WOTUS rule is primarily based off a majority opinion by Justice Scalia in the Supreme Court case Rapanos v. United States. Scalia’s interpretation favored “traditional waters,” and steered away from Justice Kennedy’s “significant nexus theory.” In his majority opinion, Scalia wrote that federal protections should cover:

“...only those wetland with a continuous surface connection to bodies that are waters of the United States.”

Who’s Driving?

The American Farm Bureau dominated the conversation at the press conference for the proposed EPA WOTUS rule in early December of 2018. Industries lobbied hard to limit the scope of jurisdictional waters. In a political landscape where there is an abundance of legislation grandfathered in to protect the chemical, fossil fuel, and agricultural industries, it should come as no surprise that the current administration did not break from tradition. The agricultural industry is not the only institution who will benefit from this proposed rule. Chemical manufacturing companies have to go through a rigorous permitting process determined by state or federal governments (NPDES) which regulate pollution. But now, with a clearly defined and reduced scope of what constitutes a water of the United States, these companies are able to map out how to circumvent regulation.

The federal government has designated this as “economically significant”

This means that the proposed rule with have an annual effect on the economy of $100 million or more. 

Our Take:

This proposed WOTUS definitions puts the 15% of the country at further risk of groundwater contamination. This population of people are now on their own in terms of monitoring their drinking water and keeping up with land use changes. Our science team will be submitting public comments on this proposed rule, which will be available on our website in the upcoming weeks. We encourage our readers to do the same thing! CLICK HERE for the link to the WOTUS public comment page.

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There’s no denying that fracking has changed the course of energy production in the U.S., but not without some serious environmental impacts. Fracking severely threatens groundwater aquifers that millions of Americans depend on for drinking water. The viral videos of people lighting their tap water on fire are real, and the risk to human health is significant. Here’s an answer to the question "does fracking pollute groundwater?"

Analies Dyjak  |  Policy Nerd

October 16, 2018: Windham, Ohio issued a “do not drink advisory” for Village Water Plant residents. Manganese was detected at concentrations over the Health Advisory Level. We wanted to discuss what exactly manganese is, potential health effects, and how it enters drinking water.

What Is Manganese?

Manganese is an extremely abundant earth metal. It’s naturally present in the environment, but is also used in iron and steel manufacturing.

Is Manganese Good For You?

In low doses, yes! According to the FDA, it’s important for bone mineralization and metabolic regulation in children. It also helps with cartilage and bone formation. It’s naturally found in foods such as beans, nuts, pineapples, spinach, sweet potatoes and whole grains. You’ve also most likely seen manganese tablets in the supplement isle of the grocery store!

What Are The Negative Health Effects of Manganese In Drinking Water?

Manganese can cause adverse health effects when concentrations exceed the Lifetime Health Advisory Level of 0.3 parts per million. Reports have concluded that chronic ingestion of water containing manganese may lead to neurological effects in older adults and infants. Long term exposure can cause lethargy, muscular weakness. In Windham, EPA set a “do not drink” advisory for infants under 1 year old and nursing and pregnant women. This is in part do to the fact that infants are the most sensitive population to any type of contamination.

What Causes Manganese In Drinking Water?

Clogged water lines typically cause concentrations of manganese to increase, which is what happened earlier this month in Windham, Ohio. Clogs prevent chlorine from entering the distribution system. Chlorine is an oxidant, and is typically used to treat manganese in drinking water. Water utility providers typically use chlorine to treat biological contamination, but it’s also used to reduce the concentrations of iron and manganese in drinking water. Exposure of high concentrations of manganese is possible if treatments (such as chlorine) fail. Private wells are not regulated and therefore not required to meet federally mandated drinking water standards. If you use a private well for drinking water, it’s important to keep this in mind for all types of contamination.

Will Boiling My Water Remove Manganese?

No. Boiling your tap water will not remove manganese, or other metals from drinking water. Boil advisories are typically issued if biological contamination is thought to pose a threat to a drinking water supply. People should always take drinking water advisories seriously, and listen to recommendations from city officials.

Manganese in drinking water is not a huge cause for concern, but it's important to be aware of the potential adverse health effects. It's also important to listen to boil advisories and other information regarding drinking water in your community. 

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Analies Dyjak  |  Policy Nerd

For Hydroviv’s assessment of Chattanooga, Tennessee’s drinking water, we collected water quality test data from the city’s Consumer Confidence Report and the U.S. Environmental Protection Agency. We cross referenced Chattanooga’s water quality data with toxicity studies in scientific and medical literature. The water filters that we sell at Hydroviv are optimized to filter out contaminants that are found in Chattanooga’s drinking water.

Where Does Chattanooga Source Its Drinking Water?

Chattanooga sources its drinking water primarily from the Tennessee River. Chattanooga's tap water is treated at the Tennessee American Water Citico Water Treatment Plant before being distributed to over 177,000 people in Chattanooga.

Disinfection Byproducts In Chattanooga’s Drinking Water

In recent years, Chattanooga's water quality has had a major problem with disinfection byproducts or DBPs. DBPs form when chlorine-based disinfectants that are routinely added to treat incoming water, react with organic matter. DBPs are split into two categories; Haloacetic Acids-5 (HAA5) and Total Trihalomethanes (TTHMs). Concentrations of TTHMs averaged 70 parts per billion, but were detected as high as 89.1 parts per billion in Chattanooga water. HAA5 concentrations averaged 41.8 parts per billion and reached levels as high as 51.4 parts per billion. For a bit of perspective, EPA's Maximum Contaminant Level for HAA5 is 60 parts per billion and 80 parts per billion for TTHMs. While technically still in compliance, these levels are definitely high. Disinfection Byproducts are a category of emerging contaminants which means they have been detected in drinking water but the risk to human health is unknown. Regulatory agencies have very little knowledge about the adverse health effects of DBPs, and their toxicity.

Lead In Chattanooga’s Drinking Water

Next is lead. Lead enters Chattanooga's tap water through old lead service pipes and lead-containing plumbing. 10% of sites that were tested for lead had concentrations over 2 parts per billion. Environmental Protection Agency, Center for Disease Control, and American Academy of Pediatrics all recognize that there is no safe level of lead for children. While this years lead concentrations in Chattanooga are relatively low compared to other municipalities in the US, lead is a neurotoxin that can potentially be harmful at any concentration. 

It’s important to note that only a handful of contaminants are required to be included in annual Consumer Confidence Reports, and that there are hundreds of potentially harmful unregulated contaminants that aren’t accounted for. If you’re interested in learning more about water filters that have been optimized for Chattanooga’s tap water quality, feel free to visit www.hydroviv.com to talk to a Water Nerd on our live chat feature or send us an email at hello@hydroviv.com.

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Analies Dyjak  |  Policy Nerd

Lead contamination in drinking water is a huge problem for municipalities with an older infrastructure. Lead contamination occurs when water comes in contact with lead pipes. This article discusses a common additive used to combat lead pipe corrosion.

What is Orthophosphate?

Orthophosphate is a common corrosion inhibitor used by water suppliers to prevent lead pipes from leaching. When orthophosphate water treatment is added to a water source, it reacts with lead to create a mineral-like crust inside of the lead pipe. This crust acts as a coating which prevents further lead corrosion. The use of orthophosphate treatment in drinking water became popularized in 2001, during the lead crisis in Washington, D.C. Lead contamination in many cities including D.C. and Flint, occurs when a city’s water becomes more corrosive, which can allow for lead from pipes to leach into the drinking water supply. When the lead problem initially occurred, cities such as Flint, Michigan, Durham and Greenville, North Carolina, and Jackson, Mississippi didn’t learn from D.C’s mistakes and all had lead outbreaks. 

Does Orthophosphate Fix Lead Contamination?

It certainly can. Once the protective layer is formed, cities can find that lead concentrations in the water drop by 90%. However, Orthophosphate is somewhat of a bandaid to temporarily fix the presence of lead in drinking water. For example, if the protective layer is corroded away or otherwise disturbed (e.g. in the case of a partial service line replacement or the water’s corrosivity changes), lead can leach back into the water. Finally, not all municipalities are adding orthophosphate to drinking water because of its cost. If you have any questions regarding lead prevention in drinking water, send us an email at hello@hydroviv.com.

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