Massachusetts Establishes a Drinking Water Standard for PFAS

Per- and Polyfluoroalkyl Substances, “PFAS,” are man-made chemicals that have been used since the 1940s in a variety of industrial and consumer products ranging from fire-fighting foam, to food-related non-stick coatings, to dental floss and ski wax. Because PFAS are so common, the Agency for Toxic Substances and Disease Registry (ATSDR) reports that most people in the United States have PFAS in their blood. In recent years, concerns have arisen regarding a range of possible health effects resulting from exposure to PFAS including adverse fetal and neonatal development, liver and thyroid damage and endocrine disruption.

While research into possible health effects continues, on October 2, 2020, the Massachusetts Department of Environmental Protection published regulations establishing a drinking water standard (a Massachusetts Maximum Contaminant Level or “MMCL”) of 20 parts per trillion for the sum of six specific PFAS (referred to in the regulations as “PFAS6”). The regulations can be accessed here.

The regulations, 310 CMR 22.07G, not only establish an MMCL but also create new monitoring and reporting obligations for all Public Water Systems even when the MMCL is not exceeded. Public Water Systems in Massachusetts are classified as Community Water Systems (such as municipalities, trailer parks, apartments, condominiums, and prisons that serve residential customers year-round), Non-Transient, Non-Community Water Systems (NTNCs) (such as schools, daycares, and larger businesses serving 25 or more of the same non-residential people each day), and Transient, Non-Community Water Systems (TNCs) (such as recreational areas, campgrounds, hotels and motels, and small businesses). As of September 25, 2020, thirty Public Water Suppliers have detected PFAS in excess of 20 ppt in finished water.

The deadlines for commencing testing depend on the type and size of the system. Systems supplying water to more than 50,000 individuals must begin initial monitoring on January 1, 2021, with subsequent deadlines of April 1, 2021 for systems supplying to fewer than 50,000 but more than 10,000 individuals, and October 1, 2021 for systems supplying to 10,000 or fewer individuals. Transient, Non-Community Water Systems will not be subject to the full set of requirements set out in the regulations but are required to perform more limited sampling no later than September 30, 2022

Although the MMCL will apply to the sum of the concentrations of the PFAS6, the regulations require Public Water Systems to report all analytical results for all PFAS. Depending on the analytical method, that will mean analyzing for 14 or 18 specific compounds. And monitoring frequency will depend not simply on whether the MMCL is exceeded. The regulations set out thresholds and schedules for initial monitoring, routine monitoring, and more frequent monitoring if any PFAS are detected.

The regulations also include requirements for public education to all persons served by the affected Public Water System when the average of a sample and a second confirmatory sample exceeds the MMCL.

Compliance with the regulations will be a challenge because PFAS are ubiquitous and the MMCL is set at a concentration of parts per trillion. (By comparison, the standard for benzene is 5 parts per billion which is equal to 5000 ppt). Sampling will entail special procedures, specially prepared sample containers, and securing a qualified laboratory. Laboratory fees can run in the range of $275-$300 per sample and in-state laboratory options are limited. To offset this challenge, $8.4 million has been appropriated for PFAS testing of water supplies, and $20 million has been appropriated to the Commonwealth’s Clean Water Trust, which makes financing available to communities to address contamination issues if they are detected. A Public Water System cannot assume that its usual analytical laboratory will be approved to perform the analysis, and particular care will need to be taken during sampling to avoid cross-contamination. Illustrating how much of a departure PFAS sampling will be from past practices, DEP’s Field Sampling Guide for PFAS includes a comprehensive list of do’s and don’ts relating to field clothing, personal protective equipment and field equipment (e.g., no clothing or boots containing Gore-Tex®, no Teflon® (aka PTFE) or LDPE materials, no waterproof field books, no Sharpies or permanent markers).

And what about water systems requiring treatment? The regulations focus primarily on sampling and reporting, but the potential for treatment of PFAS-impacted water is real. According to DEP, “Granular activated carbon (GAC), ion-exchange resin, and reverse osmosis (RO) filters have been shown to be effective in removing PFAS. The type of treatment technology you will need depends on the specific PFAS compounds and their levels in the source water. A pilot study will be required prior to installing treatment.”

Finally, reflecting the evolving understanding of the impact of PFAS on human health and the environment, the regulations mandate that Mass. DEP periodically consider whether to amend the regulations “in light of any advancements in analytical or treatment technology, toxicology and/or relevant information.” The first such review must be completed no later than December 31, 2023, with subsequent reviews being performed every three years thereafter. 

 

For more information:

An overview of PFAS chemistry, potential health effects and sources of PFAS in the environment can be found in Mass. DEP’s “Interim Guidance on Sampling and Analysis for PFAS at Disposal Sites Regulated under the Massachusetts Contingency Plan.”

Information for Public Water Suppliers can be found here.