Pennsylvania, Delaware Move To Limit 'Forever Chemicals' In Drinking Water

Annapolis MD

07 April, 2022

4:46 PM

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By Timothy B. Wheeler, the Chesapeake Bay Journal Apr 5, 2022 Pennsylvania and Delaware have joined a growing list of states moving to set enforceable limits in drinking water for two "forever chemicals," which have been linked to health concerns, including cancer. The two states have taken steps to establish state-specific maximum contaminant levels for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). Those compounds are among the most thoroughly studied of a group of highly persistent chemicals called per- and polyfluoroalkyl substances, or PFAS. Studies have shown that exposures to certain PFAS can cause a variety of health problems, including decreased fertility, developmental delays in children and reduced immunity to infection. PFOA and PFOS have been used in a wide array of consumer and industrial products, including nonstick cookware and waterproof and stain-resistant fabrics. Their use in firefighting foam sprayed for decades on military bases and at airports has led to extensive contamination of ground- and surface waters. Pennsylvania's action comes three years after Democratic Gov. Tom Wolf signed an executive order calling for a comprehensive approach to addressing PFAS contamination in the state, including moving to limit it in drinking water. At that time, the chemicals had been identified at 11 sites, a number that has since grown. Delaware's legislature last year enacted a law requiring the state to set its own maximum contaminant levels on the same two compounds. PFOA and PFOS have contaminated public drinking water supplies in New Castle County and in the town of Blades, which is in the Chesapeake Bay watershed. The latter site has been added to the U.S. Environmental Protection Agency's Superfund National Priorities List for federally funded cleanups. PFAS are currently unregulated nationally in drinking water. The U.S. Environmental Protection Agency has had a health advisory level since 2016 for PFOA and PFOS of 70 parts per trillion (ppt), combined. Last year, the agency declared its intent to regulate PFOA and PFOS in drinking water, but it will take a year or more to set nationwide safe levels. The two states are eyeing similar limits for drinking water. Pennsylvania's Department of Environmental Protection has proposed maximum contaminant levels of 14 ppt for PFOA and 18 ppt for PFOS, which are substantially below the federal advisory level. Delaware's Division of Public Health has chosen ceilings of 21 ppt for PFOA and 14 ppt for PFOS, with a cap of 17 ppt when the two compounds are found together. If those proposals are finalized, Pennsylvania and Delaware would join seven other states that have set their own enforceable limits. New York is the only other state in the Chesapeake watershed to do so, having set maximum contaminant levels in 2018 of 10 ppt each for PFOA and PFOS. The other watershed states are waiting for nationwide standards, which may not be finalized for another year or more. Environmental and health advocates, arguing that there are no known safe levels, have urged other states' regulators to set limits of 2 parts per trillion, the lowest level that current treatment technology can reach. Pennsylvania's Department of Environmental Protection is taking public comments through April 27 on its proposal. The agency expects to submit it to the state's Environmental Quality Board in the fall for a decision. The draft rule proposes requiring initial water testing for compliance by Jan. 1, 2024, with smaller water systems given an extra year before having to test. In Delaware, the health agency is drafting its regulation. It plans to formally propose it by July and finalize it in the fall, with water systems required to start testing in spring 2023. The Chesapeake Bay Journal is a nonprofit news organization covering environmental issues in the Bay region. Sign up for a free subscription at BayJournal.com.