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Lawmaker reintroduces bill to give Michigan strictest limit on PFAS in drinking water

Jan 17, 2019, 11:02 AM by User Not Found
The bill would set a legally enforceable limit of 5 ppt for two individual PFAS chemicals, PFOA and PFOS.

A lawmaker in Michigan reintroduced a bill in mid-January that would give the state the nation’s strictest limit on per- and polyfluoroalkyl substances (PFAS).

Senator Winnie Brinks (D-Grand Rapids) introduced a new version of her legislation that would set a legally enforceable limit of 5 parts per trillion (ppt) for two individual PFAS chemicals, PFOA (perfluorooctanoic acid) and PFOS (perfluorooctanesulfonic acid), in public drinking water distributed by utilities, according to MLive Media Group.

The article states the new PFAS bill reflects the previous version, which seeks to amend the state’s Safe Drinking Water Act and set a maximum contaminant level (MCL) about 14 times lower than the existing federal health advisory level for PFOA and PFOS.

Brinks’ previous bill died without a markup in the House Natural Resources Committee even after she held a one-hour “PFAS 101” information session in December 2018.

To date, PFAS substances have been found at some level in the municipal drinking water serving more than two million people (about 20 percent of the state population).

Currently, the nation’s strictest MCL for PFAS substances in public drinking water is the 13 ppt limit on PFNA (perfluorononanoic acid), a lesser-known PFAS substance, set in 2018 by New Jersey. That state is looking to set low standards as well for PFOA and PFOS.

New York’s state Drinking Water Quality Council recently recommended setting state drinking water standards for PFOA and PFOS at 10 ppt.

Other states, according to MLive Media Group, are proposing standards that fall more in line with the U.S. Environmental Protection Agency advisory level. In January, New Hampshire proposed drinking water standards of 70 ppt for PFOA, 38 ppt for PFOS, 23 ppt for PFNA, and 85 ppt for another lesser-known substance called PFHxS (perfluorohexane sulfonic acid).

The EPA has yet to set enforceable drinking water standards for PFAS amid calls by states and nonprofit groups to do so.

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PFAS has been on NGWA’s radar for several years and will remain a priority issue for the foreseeable future. The Association has created a Groundwater and PFAS resource center for NGWA members. The center includes PFAS FAQs, top 10 facts about PFAS, and a homeowner checklist, among other items. NGWA is also the publisher of the guidance document, Groundwater and PFAS: State of Knowledge and Practice.

As in 2018, NGWA is hosting educational events on PFAS this year:

PFAS, or per- and polyfluoroalkyl substances, is a category of human-made chemicals that have been widely used in a variety of products and industries, such as firefighting foams, protective coatings, and surfactant applications among many other uses and products. This website section provides information on PFAS particularly oriented toward private wells and the water well industry to help you understand the sources and occurrence of PFAS in groundwater. If you are concerned about the possibility of PFAS in your drinking water and are served by a private well, both NGWA and the U.S. Environmental Protection Agency recommend testing your drinking water as well as reaching out to your local health department for information.

As an authority on groundwater in the United States, NGWA is a leader in the science of PFAS affecting this important natural resource. Directed by a standing task group dedicated to advancing the knowledge of this emerging topic, NGWA’s PFAS initiatives include hosting PFAS conferences focused on groundwater and publishing multiple products (technical guidance documents, white papers, fact sheets, position papers) related to PFAS, groundwater, and the water well industry.

The last several years have seen a flurry of wide-ranging legislation concerning PFAS (per- and polyfluoroalkyl substances) from Capitol Hill and state legislatures. NGWA has been a key resource on not only providing the sound science to inform policymakers about these “forever chemicals,” but also providing solutions that our members’ expertise can provide to ensure our groundwater resources are safe and reliable. While we agree states have a right to manage and regulate PFAS based on their unique circumstances, we also feel the federal government must provide clearer and scientifically researched guidance on PFAS treatment and disposal. 

NGWA continues to advocate for:

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  • Supporting a bipartisan solution that creates a maximum contaminant level — or MCL — for PFOA (perfluorooctanoic acid) and PFOS (perfluorooctanesulfonic acid) based on the best available science
  • Dedicating financial and technical resources to private well owners for testing and remediating PFAS
  • Properly funding PFAS programs and solutions to ensure our groundwater is safe and reliable
  • Advanced guidance from the EPA on the treatment and disposal of PFAS.

PFAS: Top 10 Facts

Download PFAS: Top 10 Facts. 

PFAS: The Truth About Water Wells position paper

NGWA published this position paper in 2022 that provides facts about PFAS and how water wells can still provide safe water because effective residential-scale PFAS treatment technologies are commercially available. It is ideal for sharing with local, state, and federal officials. Download the position paper.

Practical Guide for PFAS Sampling white paper

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The NGWA white paper, Practical Guide for PFAS Sampling, provides a practical guide to PFAS sample collection for those familiar with industry-standard environmental field sampling practices.

Groundwater professionals may be called on to sample for PFAS analysis and to interpret PFAS laboratory data. The presence of PFAS in many products, potentially including products commonly used in environmental field sampling efforts, should be considered when planning a PFAS sampling program, and this document provides a guide for such programs.

PFAS Fate and Transport 2021 white paper

NGWA’s white paper, PFAS Fate and Transport 2021, updates section four of the NGWA guidance document, Groundwater and PFAS: State of Knowledge and Practice, which was published in 2017.

Since the release of that guidance document, many studies have investigated PFAS (per- and polyfluoroalkyl substances) transformation, partitioning, and transport; for example, the influence of PFAS accumulation at media interfaces, such as the air-water-solid interfaces in the vadose zone.

This white paper picks up where that section of the guidance document left off by providing important updates.

PFAS risk communication

As a groundwater professional, you may need to inform a customer of the potential for PFAS contamination in their well water and subsequent actions to mitigate exposure. PFAS Risk Communication for Contractors is a two-page fact sheet to aid groundwater professionals in such communications. The document features common questions that may be asked and talking points that may be of assistance. 

PFAS and private well owners

PFAS and Private Well Owners: What You Need to Know is a two-page fact sheet that groundwater professionals can distribute to customers and others in their community concerned about PFAS. Written in easy-to-understand language by groundwater professionals, it explains what PFAS are, how to test wells for PFAS, treatment options, and more. 

NGWA guidance document

NGWA published Groundwater and PFAS: State of Knowledge and Practice, a guidance document on PFAS in 2017.

Created by 36 NGWA volunteers who spent 1100 hours on it over the course of 12 months, it is a comprehensive eight-part piece exploring the potentially hazardous, and widely discussed, compounds in groundwater and soil. NGWA published the document to identify the known science and knowledge related to PFAS; it summarizes the fate, transport, remediation, and treatment of PFAS, as well as current technologies, methods, and field procedures. 

Water and soil guidelines and regulations

Click here to be redirected to a website where the Interstate Technology and Regulatory Council (ITRC) maintains fact sheets on PFAS along with Excel® spreadsheets that contain PFAS water and soil regulatory and guidance values by state and federal agencies.