ACWA Advisory: PFAS Bill Mandates New Monitoring Requirements; New Response Level Pending

  • by Kanisha Golden
  • Aug 19, 2019

With Gov. Gavin Newsom’s recent signing of AB 756, the State Water Resources Control Board now has the authority to require water systems to monitor for per- and poly-fluoroalkyl substances (PFAS) beginning Jan. 1, 2020.

AB 756 also requires water systems to report any detection of PFAS contaminants in annual consumer confidence reports. If the detection exceeds the Response Level, the public water system must either take the source out of use or provide direct public notification to customers within 30 days. ACWA opposed the bill because it sets a precedent specific for PFAS contaminants via legislation instead of well-established notification and regulatory processes.

Toolkit

ACWA has prepared a toolkit to assist member agencies in educating customers, stakeholders and the media about PFAS. The toolkit includes:

Background

PFAS stands for per- and poly-fluoroalkyl substances and is the collective term for a large group of synthetic chemicals that includes perfluorooctanoate (PFOA) and perfluorooctanesulfonate (PFOS). The compounds are used extensively in consumer products such as carpets, clothing, furniture fabric, food packaging, nonstick cookware and firefighting foams. They were identified as health risks during the 2000s and phased out of manufacturing in the United States, but some imported products still contain these substances.

PFAS contaminants have been detected in some water supplies, particularly around landfills, airports, and existing and former military bases. Under the State Water Resources Control Board’s Division of Drinking Water (DDW) 2019 PFAS Phased Investigation Plan, water systems have tested more than 600 drinking water supply wells near these suspected locations for PFOA and PFOS.

The signing of AB 756 into law coincides with anticipated changes to PFAS levels established by DDW, which is evaluating new Drinking Water Notification Levels for PFOA and PFOS. In July 2018, DDW set interim levels of 14 parts-per-trillion (ppt) for PFOA and 13 ppt for PFOS. While Notification Levels are not drinking water regulations, water agencies must notify local governing bodies if they are exceeded. The State Water Board recommends that water agencies also notify customers and DDW.

In addition to new Notification Levels for PFOA and PFOS, DDW is also expected to release new Drinking Water Response Levels that would replace the current combined PFOA and PFOS level of 70 ppt, which is the same level as U.S. Environmental Protection Agency’s Health Advisory Level established in 2016. If drinking water wells exceed this level, the State Water Board recommends that water agencies either remove the water source from service, or notify governing bodies and customers that the water source exceeds this level and is still being used. These recommendations become mandates in 2020.

Questions

For questions about AB 756 and state legislation on PFAS, please contact Director of State Relations Adam Quiñonez. For questions about DDW’s actions on PFAS, please contact Regulatory Advocate Adam Borchard. Both can also be reached at (916) 441-4545.