Even as states are responding to the coronavirus pandemic, their efforts to address per- and polyfluoroalkyl substances (PFAS) in the environment and in drinking water continue. As of this writing, seven states have taken specific steps in 2020 and eight states continue to follow through on ongoing initiatives. Most state activities are focused on setting drinking water standards, with California, Maine, Massachusetts, New Jersey, and Vermont all advancing primary drinking water standards. State legislative activity continues to target PFAS in drinking water as well. In Virginia, two laws were signed that mandate efforts to develop standards for PFAS, and many other states have seen similar bills introduced. While state efforts have emerged out of frustration that federal action requires time to assess the risks posed by PFAS before taking appropriate regulatory steps, the array of federal activities and work products has changed. A key tenet that AWWA shares with many other stakeholders is that neither the federal government nor states should rely solely on the Safe Drinking Water Act to address PFAS. Preventing PFAS from entering the water supply starts with making sound decisions about if, and how, to use PFAS. While the public spotlight has often focused on PFAS in drinking water, this is slowly changing. Since the publication of the US Environmental Protection Agency's (USEPA's) PFAS Action Plan, research programs have ramped up focus on PFAS. A major component of USEPA research is the characterization of toxicity, including an ongoing effort to conduct rapid screening toxicity research for 150 PFAS and risk assessments for seven specific PFAS. There is also ongoing work to develop analytical methods for natural waters, wastewaters, biosolids, soils, and other media, with a method suitable for monitoring wastewater now available for use. Core regulatory programs at USEPA have taken steps to address PFAS as well. USEPA's solid and hazardous waste program released interim cleanup recommendations for sites contaminated with perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) that are tied directly to the existing PFOA and PFOS health advisory levels. The agency also recently added 172 PFAS to the Toxics Release Inventory (TRI), according to the National Defense Authorization Act for Fiscal Year 2020, which will help characterize facilities releasing PFAS into the environment. USEPA also has recently promulgated a rule that imposes restrictions on the commerce of products containing certain PFAS. As these efforts have proceeded, USEPA has moved forward to address PFAS in drinking water. Not only has the USEPA Office of Water proposed to regulate PFOA and PFOS, it is expected to finalize the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) to gather occurrence data for 29 PFAS using new analytical methods by next summer. While there are considerable differences in the policy debate around PFAS, one constant is the need to make science-based decisions that provide meaningful public health protection. To that end, AWWA and many others expressed support for USEPA's positive regulatory determination for PFOA and PFOS and encouraged the agency to conduct a thorough and transparent evaluation of potential standards. Additionally, AWWA and others emphasized that the agency should not consider additional PFAS yet, given outstanding data gaps and forthcoming data collection activities that would directly address those gaps. Ongoing efforts include data collection programs such as the TRI, UCMR 5, and toxicity research. These programs are expected to facilitate evaluations for more meaningful future determinations for additional PFAS with substantially more data than what are currently available. Education and outreach by the entire water sector will continue to be critical to ensure that all state and federal authorities identify and manage PFAS use. We urge the drinking water community to continue to communicate with state and local decision makers about the need for protecting public health using sound standards. Chris Moody is the regulatory technical manager at the AWWA Government Affairs Office in Washington, D.C. He can be reached at cmoody@awwa.org.
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