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Wisconsin's Failure To Regulate PFAS Effluent

Analies Dyjak @ Tuesday, December 22, 2020 at 4:33 pm -0500

 Analies Dyjak, M.A. | Head of Policy   
**Updated 4/7/2022 to include latest regulatory information 

Millions of Americans drink water contaminated with PFAS chemicals every single day. Cities in Wisconsin, including Madison and Milwaukee have some of the highest levels of PFAS in the country. PFAS are known human carcinogens, increase the risk of miscarriage in pregnant women, and cause other irreversible health impacts. This article is about these failures, as well as the importance of limiting pollutants at the source. 

Wisconsin's Recent Failure To Regulate PFAS Effluent Into Waterways

The Wisconsin state legislature recently voted for the reversal of a bill that would have create limits for PFAS effluent in waterways. Act 101 had the potential to reduce PFAS levels at the source, before reaching municipal water systems. More specifically the bill would have allowed the Wisconsin Department of Natural Resources (DNR) to set non-enforceable “indicator levels,” which would be used for treating foam before being discharged into the waterways. The legislature ultimately voted not to allow PFAS effluent limits and removed the “treatment” definition to exclude the term “immobilize, remove or destroy the contaminant.” The reason lawmakers voted against this portion of the bill had nothing to do with PFAS, but rather concerns about the DNR overstepping its authority, and the potential effects on businesses that use and produce firefighting foam.

PFAS have been detected in the drinking water of Wisconsin’s state capital of Madison. Madison uses groundwater, which can be particularly susceptible to PFAS contamination. PFAS are also present at alarming concentrations in Milwaukee, specifically near the General Mitchell International Airport. Total PFAS in groundwater near the airport is 202,161 parts per trillion, according to the Environmental Working Group. These levels are nearly 3,000 times higher than what EPA claims to be safe. For perspective, the state is proposing a regulatory level of 20 parts per trillion for total PFAS in drinking water. 

What Does Controlling PFAS At The Source Mean For Drinking Water?

Putting limits on PFAS concentrations at the effluent level is a proactive way to reduce its presence in drinking water. It also reduces the burden on municipal treatment facilities, which are often under-funded and typically not equipped to handle high levels of pollution. Effluent controls make the polluters responsible, rather than the public. 

What Are Total Maximum Daily Loads (TMDL’s)?

A popular technique for limiting pollution effluent is a Total Maximum Daily Load or TMDL. TMDL is a set amount of daily pollution that a waterbody can endure while still being able to meet water quality standards. Under a TMDL, each major polluter is allocated a certain amount of pollution that they must meet on a daily basis in order to be in compliance. It’s important to point out that TMDL’s do not exist for every pollutant, including things like PFAS, Chromium 6, and other harmful known human carcinogens. 

TMDL’s are often used to limit the amount of Phosphorus, Nitrogen, and Sediment in a waterbody. The largest and most well known TMDL is the Chesapeake Bay, which includes the District of Columbia, Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia. It has a limit of 185.9 million pounds of nitrogen, 12.5 million pounds of phosphorus, and 6.45 billion pounds of sediment per year. It’s important to point out that neither the state of Wisconsin or the federal government are currently proposing TMDL limits for any PFAS compounds in any body of water. In recent years regulators have proposed NPDES permits for PFAS substances, which could be an alternative solution to TMDL's.

What Does This Mean For Other States?

PFAS are not currently regulated at the federal level - which is problematic because states are entirely on their own for determining how to address PFAS polluters and PFAS in drinking water. Certain states have created both enforceable and non-enforceable limits on PFAS in drinking water. Because PFAS are so nuanced and so little is known about how to deal with their presence in drinking water, states are desperately looking for guidance from other states and the federal government. 

There are two prominent issues with regulating PFAS at the state level:
1. Municipal water systems will be required to spend a tremendous amount of money to remove PFAS. This referred to as an "unfunded mandate," which is very unpopular in local governments.  
2. Industries impacted by state-level regulations will have little incentive not to move to a neighboring state, where such PFAS regulations don't exist. This isn't very appealing for states trying to grow their economies. 

Current Update

The Wisconsin Department of Health Services recommended a MCL of 20 parts per trillion for PFOA and PFOS in drinking water.  However, on February 22, 2022, the Wisconsin Natural Resources Board voted instead to approve a drinking water standard of 70 ppt for PFOA and PFOS. Legislative approval is still needed before this standard becomes part of the Wisconsin Administrative Code, Chapter NR 809.

Our Take

The prospect of regulating PFAS chemicals appears to be bleak. What we do know is that PFAS are incredibly harmful to human health, and that drinking water is the most common route of exposure. The best way to protect you and your family is to stay informed and understand what new regulations and legislations mean for you. If you live in an area with known PFAS contamination, you may want to consider purchasing a water filter rated to remove it

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Plastic Pipes Can Cause Water Contamination After Wildfires

Scientific Contributor @ Friday, December 18, 2020 at 12:52 pm -0500

When wildfires swept through the hills near Santa Cruz, California, in 2020, they released toxic chemicals into the water supplies of at least two communities. One sample found benzene, a carcinogen, at 40 times the state’s drinking water standard.

Our testing has now confirmed a source of these chemicals, and it’s clear that wildfires aren’t the only blazes that put drinking water systems at risk.

In a new study, we heated plastic water pipes commonly used in buildings and water systems to test how they would respond to nearby fires.


PFAS Contamination in 8 Communities From Nearby Incinerators

Analies Dyjak @ Friday, December 11, 2020 at 3:39 pm -0500
“Forever Chemicals” or PFAS are a category of contaminants that are found in drinking water supplies across the country. PFAS are associated with the production of both chemical and consumer products - most notably, it’s use in firefighting foam or AFFFMilitary installments engage in on-base training activities that require the use of PFAS-containing firefighting foam. The Department of Defense (DoD) has granted approval for 8 facilities across the country to burn PFAS chemicals. Many of these communities did not have problems with PFAS contamination prior to contracts with DoD.

The Noah System: Lead-Free Drinking Water For America's Schools

Analies Dyjak @ Friday, November 27, 2020 at 2:18 pm -0500

Analies Dyjak, M.A. and Michael Ramos   

The unresolved lead crisis in the United States disproportionately impacts young children - especially those in underserved communities. Many schools in the United States were built before 1986, when the use of lead in pipes and plumbing was still allowed. School-aged children who drink water from drinking fountains are exposed to unsafe lead levels on a daily basis. Michael Ramos, the Founder of The Noah System, created a device that automatically flushes water in drinking fountains to reduce the high lead levels in schools.

Why Are We Concerned With Lead in Drinking Water?

Babies and children are the most vulnerable to the long lasting impacts of lead exposure. Lead is a neurotoxin, and can cause lifelong irreversible damages to the brain. Children do not have a fully developed blood-brain barrier, making it easier for “unknown substances,” including lead, to cross into the Central Nervous System. Lead can be mistaken for calcium, in which the body can absorb lead as it would calcium in the brain, blood, bones, and soft tissue. The long term health effects include: slowed growth and development, learning and behavior problems, lowered IQ, attention deficit, hearing and speech problems, and underperformance in schools. Lead was also associated with Autism in a recent study by the National Institutes of Health. According to the Environmental Protection AgencyCenters for Disease Control, and American Academy of Pediatrics, there is no safe level of lead for children. The current allowable level of lead in drinking water in the United States is 15 parts per billion

The Noah System and The Flint Lead Crisis

Michael Ramos is an engineer for Chicago Public Schools. In February of 2016, like most of the country, he watched as the failures of elected officials crippled the City of Flint, Michigan. Flint officials switched the source water from Lake Huron to the Flint River without considering a corrosion control inhibitor to reduce lead. As a result, 9,000 children under the age of 6 were exposed to unsafe levels of lead. Mr. Ramos thought of his own children, and the children he represented throughout Chicago Public Schools. He started to watch congressional hearings and grew even more concerned when the EPA officials stated that “lead in drinking water would be one of the most challenging tasks the country was going to face.” Chicago has its own ongoing issues with lead in drinking water, which he realized had not been mitigated when a school district detected 3,000 parts per billion (200 times over EPA’s Action Level). 

Chicago Has Lead Mitigation Tools In Place. Why Did They Fail?

Many cities across the country, including Chicago, use a chemical called Orthophosphate to help reduce lead levels in drinking water. In order for Orthophosphate to be effective, water must run through the pipes once every 6 hours to build an anti-corrosive crust. Mr. Ramos realized that the drinking water in most schools sits stagnant in pipes for hours - well beyond the 6 hour stagnation period. Orthophosphate is unable to coat the inside of pipes when water sits stagnant overnight, over the weekends, or during school vacations. 
Mr. Ramos noted that several school districts across the country flush their pipes in August, as students are getting ready to go back to school. As we now understand, it doesn’t take long for lead to collect in distribution pipes and reach unsafe levels for children. Mr. Ramos noted that a single-flushing event at the beginning of the school year “was not sufficient to make a meaningful impact on lead levels.” In short, lead levels in schools drinking water can be directly correlated to long periods of stagnation.

How Did The Noah System Come To Be?

Mr. Ramos wanted to first ensure that the water coming into his own home was free of lead. “I built a machine that would automatically flush water from the cold water line coming into my house. I took the 6 hour stagnation period and cut it in half, so water would flow through the pipes every 3 hours.” This would allow sufficient time for the Orthophosphate to build a protective crust and significantly reduce lead levels at the tap. He then asked himself: “How do I take what I built in my house and retrofit it for schools?” Mr. Ramos determined that The Noah System could be installed directly in drinking water fountains, and began building systems from his home workshop. In October of 2016, Michael Ramos installed his first Noah System in a Chicago Public School. 

How Many Schools Currently Have The Noah System?

Several schools, universities, and office buildings across the country currently use The Noah System. 

How Can I Learn More About The Noah System?

You can learn more about The Noah System by visiting https://www.noahsystem.co/. You can also get in touch via email by submitting your information here: https://www.noahsystem.co/pages/contact. You can schedule a free consultation by calling 708-320-3197. 

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How DuPont and Chemours Changed Drinking Water Forever

Analies Dyjak @ Thursday, October 22, 2020 at 4:28 pm -0400

Analies Dyjak, M.A.  |  Head of Policy

North Carolina has been at the heart of a drinking water crisis. At least 1 million North Carolinians have been exposed to unsafe levels of an unregulated contaminant called Per and Polyfluoroalkyl Substances, PFAS, or "forever chemicals." The source of the contamination traces back to a fluorochemical operation in Fayetteville - causing widespread contamination in municipal drinking water and in private wells. This article will discuss two companies’ legal tactics to try and avoid liability, and how the victims of this tragedy continue to be left in the dark. 

Polluter v. Polluter 

You may already be familiar with the two companies at the root of this crisis in North Carolina. In short, DuPont had been manufacturing and distributing a category of chemicals called Per and Polyfluoroalkyl Substances or PFAS, since the 1980's. DuPont created Chemours - a spinoff company in charge of overseeing all fluoro-chemical operations, including the entire category of PFAS chemicals. In doing so, Chemours assumed direct liability for DuPont’s decades of chemical contamination - including all environmental and public health damages. According to the 2019 lawsuit, Chemours claimed that DuPont was not entirely forthcoming about the amount of damages the spinoff company was to incur. Chemours claimed that they were set up by DuPont to be “financially overwhelmed,” and ultimately bankrupt. When Chemours took over DuPont in 2015, they agreed to historical liabilities of no greater than $1.42 billion. Chemours claimed that DuPont wildly underestimated the totality of the liabilities. For example, the cost of one particular class action lawsuit, including 3,500 cancer and bodily harm claims associated with exposure to PFOA, was grossly underestimated. DuPont claimed that settlement would cost no greater than $128 Million, while Chemours ended up owing $671 Million for that case alone. 

Chemours v. DuPont was ultimately dismissed by a Delaware judge in 2019. This was bad news for Chemours, and even worse news for the tens of thousands of individuals impacted by PFAS contamination. Both companies have been trying to delay and reorganize, in order to pay the absolute least amount of money to the state of North Carolina as possible. If you want to learn more about other Chemours’ litigation in North Carolina, click here. We also have an article about an unrelated case against DuPont, which you can find here.

North Carolina Attorney General Sues DuPont and Chemours

Soon after Chemours sued DuPont, the state of North Carolina turned around and sued both companies. On October 13, 2020, North Carolina Attorney General Josh Stein, sued DuPont and Chemours for PFAS contamination in the Cape Fear River. The single Chemours plant in Fayetteville has caused widespread PFAS contamination throughout several major North Carolina counties, including New Hanover, Bladen, Pender, and Brunswick. The recent lawsuit is calling for both Chemours and DuPont to pay for all “past and future costs, necessary to investigate, assess, remediate, restore, and remedy” all damages. We'll have updated information on our blog and social media (@hydroviv_h2o) as this story unfolds. 

How Has PFAS Impacted The State of North Carolina?

There's no way to fully estimate how this negligence has impacted North Carolinians. What we do know is that exposure to PFAS chemicals has been associated with a variety of negative health effects, including: an increased risk of cancer, decreased immune function, increased cholesterol, and more. In a study completed just this year, a team of Yale researchers found that exposure to PFAS increases the risk of miscarriage by 80-120%. A PFAS variety that's especially problematic in the Cape Fear River, called GenX, was deemed a "probable carcinogen" by EPA in 2018. Still, none of these contaminants are regulated by EPA or the state of North Carolina, meaning it's not required to be removed by municipal utilities. PFAS have been detected at levels well above public health recommendations in Wilmington, Leland, Winnabow, and other cities that draw water from the Cape Fear River and its tributaries.

What Can I Do?

Media coverage has been propelled by community organizers throughout impacted areas in North Carolina. Organizations like North Carolina Stop GenX in our Water, Cape Fear River Watch, Clean Cape Fear, and many others have “blown the whistle” on what’s going on in North Carolina. We recommend following these organizations, as well as our social media channels (@hydroviv_h2o) to stay up to date. It's important to point out that North Carolina is not the only state that has PFAS in its drinking water. Michigan, Minnesota, New York, New Hampshire, and California are just some of the states where PFAS have become a serious threat. The Environmental Working Group created a map which shows areas of the country with detectable levels of PFAS in drinking water. You can check out the map here.

If you are planning on purchasing a water filter, make sure that it’s rated to remove PFAS chemicals. Most pitcher, faucet, and countertop systems are unable to remove PFAS. Check out this PFAS filtration removal study completed by Duke and NC State. 

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