Analies Dyjak, M.A. | Head of Policy   

The State of Massachusetts recently implemented new testing requirements and water quality standards for 6 different PFAS variations. PFAS (Per and Polyfluoroalkyl Substances) are a federally unregulated contaminant known to cause adverse health effects, including cancer. These new requirements have forced municipalities to take a closer look at the safety of their drinking water. This article will address what PFAS compounds are, the "safe" levels in Massachusetts drinking water, and water filtration brands that actually remove them. 

PFAS in Massachusetts

Massachusetts became one of the first states to adopt drinking water standards for PFAS chemicals in January, 2021. Prior to January of this year, municipal water suppliers throughout Massachusetts were not required to test for PFAS compounds until January 2021, when the state implemented these requirements. Up until that point, people in Wayland did not know they were being exposed to this potentially cancer-causing substance. 

In October, 2020, the Massachusetts Department of Environmental Protection set an enforceable standard of 20 parts per trillion for the sum of six PFAS compounds in drinking water. The six compounds, called PFAS6, are: PFOS, PFOA, PFHxS, PFNA, PFHpA, and PFDA. This regulation means that if a water sample exceeds 20 parts per trillion for all six compounds, that the municipal provider is in violation of the state law. The table below shows elevated levels of PFAS in Wayland source water. A more detailed and thorough analysis of these results can be found on the Wayland, MA, website dedicated to PFAS testing.  

What Are Per and Polyfluoroalkyl Substances?

Per and Polyfluoroalkyl Substances (PFAS) are a category of harmful compounds that can be found in drinking water sources across the country. PFAS can take hundreds of years to degrade in the environment which is why you may see them referred to as ‘forever chemicals.’ PFAS are not currently regulated at the federal level, but some states have created regulations or monitoring criteria, including Massachusetts. They are known to increase the risk of cancer, increase cholesterol, increase the risk of miscarriage by 80-120%, and several other negative health outcomes. According to the National Institute of Health, over 4,700 different PFAS variations have been used in some type of manufacturing since the 1950’s.

Is 20 ppt Safe?

There’s a bit of uncertainty around the “safe level” of exposure to PFAS compounds. There are only a handful of studies that assess associated health impacts, and most agree that more research is necessary to make a determination. In 2016, EPA set a non-enforceable Health Advisory Level of 70 parts per trillion for combined PFOA and PFOS. More recent data suggests that this level is far to high to provide meaningful protection against a range of negative health impacts. A recent study also found that a “safe level” or PFAS could be as low as 0.1 parts per trillion. Although the Massachusetts PFAS standard is on the lower end of state limits, our team would rather see even less PFAS allowed in municipal tap water. 

Not All Water Filters Remove PFAS

If you live in Wayland and you’re looking for a solution, it’s important to understand that not all water filters are able to remove PFAS chemicals. Duke University completed a study in 2020 that tested various filtration brands and their ability to remove PFAS from drinking water. The results found that popular brands including Brita and Pur did not do a good job of removing PFAS compounds. Refrigerator filters tested by the Duke research team, including; Samsung, Whirlpool, and GE, also failed to remove PFAS. The full results of this study can be found here. Hydroviv filters are both NSF certified and third-party tested to remove PFAS chemicals. To request our full testing and removal data, please email hello@hydroviv.com. 

Analies Dyjak, M.A. | Head of Policy and Perspectives    

Last week was infrastructure week in America, when President Biden followed through on his campaign promise to address the country’s aging infrastructure. The $2.3 trillion American Jobs Plan is proposed to address a range of infrastructure improvements and initiatives, with a large emphasis on roads and bridges. That said, a significant amount of this multi-trillion dollar plan is to be allocated to much needed water infrastructure improvements. 

What About Drinking Water?

The American Jobs Plan includes $111 billion in funding for water infrastructure. This is inherently a broad term because there are so many different aspects of “water infrastructure” that need to be addressed. When people hear “water infrastructure” it’s easy to infer; replacing service pipes and water treatment updates, but The American Jobs Plan includes a lot of other improvements that may not categorically be considered “water infrastructure.” This $111 billion will be spread out amongst the following initiatives: 

First, $45 billion will be allocated to eliminate ALL lead pipes and service lines. That is a very significant promise and not a lot of money. An estimated 6-10 million homes in the U.S. still receive their drinking water from a lead pipe or lead service line. Not to mention the invasive process of replacing city-wide distribution lines. It involves digging up streets, section by section, across an entire city. Homeowners also need to hire a specialist to replace their lead service lines to avoid potential exposure to this known neurotoxin. Also, lead levels increase for the first few months after a service line is replaced. We have an article that goes in depth as to why this is, which you can find here. 

The current lead situation in Chicago can help provide some perspective as to why $45 billion may seem like a lot of money but is realistically not enough to replace every single lead service line in the U.S. It’s predicted to cost the city of Chicago alone $8.5 billion to replace the city's lead infrastructure, and that doesn’t include residents still being financially responsible to replace their homes’ lead service line. Other major cities including, New York City, Pittsburgh, and Los Angeles, were also built with lead infrastructure and are in need of sweeping improvements. 

Next, $56 billion will be allocated to “upgrade and modernize America’s drinking water, wastewater, and stormwater systems, tackle new contaminants, and support clean infrastructure across rural America.” This is obviously relatively vague, but these funds will be directly given to states, tribes, and territories and they will determine under their discretion, how to implement these improvements. $16 billion will go towards plugging oil and gas wells that inevitably pollute drinking water, particularly private wells. 

PFAS or ‘forever chemicals’ were also included in The American Jobs Plan. If you’ve never heard of PFAS, it’s a cancer-causing contaminant that has been found in drinking water systems across the country. It’s used in the production of non-stick and stain resistant fabrics, fire fighting foam, and other commercial products. $10 billion will be allocated to monitor and remediate PFAS in drinking water, as well as smaller rural water systems, private wells, and wastewater systems, including drainage fields. 

Our Take: 

This is a very good place to start and a much needed aggressive approach to addressing the nations water crisis. However, we're not convinced that $111 billion will entirely fix drinking water in this country. We're excited to see further progress under the Biden Administration and look forward to cleaner water for more Americans. 

Analies Dyjak, M.A. | Policy Nerd   

The Environmental Protection Agency, Congress, and dozens of non-governmental organizations have been trying to figure out how to address Per and Polyfluoroalkyl Substances (PFAS) contamination in drinking water for several years. PFAS are becoming a more persistent problem and states across the country are spending a significant amount of money trying to address it. The current situation is getting worse, as more and more municipalities are detecting it in their drinking water. This article will discuss the latest regulatory actions as well a new map from the Environmental Working Group (EWG).

Latest Proposed PFAS Regulation: EPA to Require Recordkeeping and Reporting

In early March of 2021, the Environmental Protection Agency (EPA) sent a proposed rule to the Office of Management and Budget for approval. This rule would require that PFAS manufacturers maintain accurate reporting and recordkeeping documents of their chemical production. You may be surprised to learn that this sort of thing didn't already exist for companies that manufacture a category of cancer-causing chemicals. This is largely due to the fact that the U.S. has a “market first” approach to chemical manufacturing, which requires retroactively trying to figure out how to regulate an entire billion dollar industry after the pollution has already occurred. 

This particular federal action was mandated under section 7321 of the National Defense Authorization Act for Fiscal Year 2020 - meaning that EPA Administrator Regan must follow through with the requests of the previous administration. The proposed rule would require that any PFAS manufacturer since January 1, 2011 disclose details about the nature of disposal and possible environmental outcomes, as well as any future manufacturing. This is a small but important step towards addressing PFAS contamination in U.S. waterways.

This proposed rule won’t go into effect until July 1, 2022. This is a common, if not expedited timeline for regulatory actions. We wrote an article about the regulatory process and how seemingly simple rules can take decades to be enacted, especially for EPA. It can be found here. 

New Environmental Working Group (EWG) PFAS Map

While we wait for this new regulation to improve industrial transparency, the Environmental Working Group (EWG) has created an important way to identify where the major polluters are located. The map, “Suspected Industrial Discharge of PFAS,” identifies PFAS polluters across the country. EWG has also been instrumental in mapping areas of the country with known PFAS-contaminated drinking water. The map can be found here. 

Other Articles We Think You Might Enjoy:
Yale University: PFAS Exposure Increase Risk of Miscarriage by 80-120%
Do All Water Filters Remove PFAS Chemicals?
Why Do Military Bases Have High Levels of PFAS?

Analies Dyjak, M.A. | Head of Policy and Perspectives
Updated 12/8/2023 to include new EPA proposals 

Lead Pipes Are Still Problematic in 2023

In April 2023, the EPA released a report with a comprehensive assessment of service line infrastructure, and revealed that an estimated total of 9.2 million lead pipes are servicing homes across the country. Many homes containing lead plumbing were built before 1986, when the use of lead was banned in pipes, solder and plumbing. Flint, Michigan dominated headlines in 2015 when 99,000 people were exposed to unsafe levels of lead, including thousands of children. However, Flint was not and is not the only city with unsafe lead levels. There are dozens of large cities that have lead levels above what health officials claim to be safe, including Chicago, Boston, New York City, and Los Angeles. 

No Safe Level Of Lead For Children 

The current federal Action Level for lead in drinking water is 15 parts per billion. Lead is unique from other drinking water contaminants because it follows the 90th Percentile Rule, which has been criticized by various reputable environmental non-profits. The Centers for Disease Control has acknowledged that 15 parts per billion is not a health standard, but rather a feasible level of enforcement - meaning anything less than 15 parts per billion is too stringent for municipal compliance. The American Academy of Pediatrics has stated that there is no safe level of lead for children. Any level of exposure has the potential to cause irreversible developmental damages, including; lowered IQ’s, behavioral difficulties, and other learning problems. EPA has even acknowledged that children should not be exposed to any level of lead. 

2021 Updates

EPA made a handful of small modifications to the original 1991 Lead and Copper Rule. One of the major updates to the rule is increasing EPA’s “inventory” of Lead Service Lines throughout the country. Once LSL’s and pipes have been identified, EPA will require communities to “find and fix'' homes that exceed 15 parts per billion. The system must provide documentation to the state if they’re unable to fix or mitigate the lead levels. Under the rule revisions, systems serving greater than 50,000 people will be required to make the LSL inventory available online. Also, municipal systems will be required to provide annual notices to homeowners with LSL’s. Replacing LSL’s are particularly tricky to manage because they’re co-owned by the city and homeowner. Some cities have programs to coordinate replacing the public and private side of the line at the same time.  

EPA’s New “Trigger Level” For Lead

Part of EPA’s revisions to the Lead and Copper Rule include a new “trigger level.” According to the regulatory revisions, systems that have a 90th percentile higher than 10 parts per billion will be required to work with their state to determine annual lead line replacement goals. This “trigger level” is not a new Action Level, and does not initiate a violation if a water system has higher than 10 ppb lead. EPA also pointed out in the proposed regulation that the trigger level is also not a health standard. As previously stated, any concentration of lead can be harmful to children. 

2023 Proposed Updates to the Lead and Copper Rule

On November 30, 2023, the U.S. Environmental Protection Agency (EPA) announced new proposed Lead and Copper Rule Improvements. 

Key provisions in the proposal include:

• 100% Lead Pipe Replacement within 10 years. 
• Locating Legacy Lead Pipes. Water systems are currently required to provide an initial inventory of their lead service lines by October 16, 2024. Under the proposal, all water systems would be required to regularly update their inventories, create a publicly available service line replacement plan, and identify the materials of all service lines of unknown material.
• Improving Tap Sampling. The proposal would make key changes to protocols that water systems must use for tap sampling informed by best practices.
• Lowering the Lead Action Level. EPA is proposing to lower the lead action level from 15 µg/L to 10 µg/L. When a water system’s lead sampling exceeds the action level, the system would be required to inform the public and take action to reduce lead exposure while concurrently working to replace all lead pipes. For example, the system would install or adjust corrosion control treatment to reduce lead that leaches into drinking water.
• Strengthening Protections to Reduce Exposure. Water systems with multiple lead action level exceedances would be required to conduct additional outreach to consumers and make filters certified to reduce lead available to all consumers. 

EPA anticipates finalizing the Lead and Copper Rule Improvements prior to October 16, 2024.

Will The New Updates Better Protect Public Health?

In the short term, no. There is no real "quick fix" for lead contamination. Replacing lead pipes and Lead Service Lines takes time, and can actually cause an increase in lead levels during and after construction. These changes are a step in the right direction, but implementation takes time. 
To protect yourselves and your families in the meantime, here are some recommendations on how to reduce your lead exposure:

1. Allow your faucet to run for 2 minutes prior to drinking tap water.

2. See if your city or town has a free lead testing program. Washington D.C., New York City, and several other cities have a free lead testing program. If you live in an area that doesn’t have free lead testing, you can pay to send your sample to get laboratory tested.

3. Purchase a filter that is optimized and certified to remove lead from drinking water.