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Home My WebLink About2024-05-23; Per-Polyfluoroalkyl Substances Regulations for Utilities Update (Districts - All); Padilla, DaveBoard Memo -Per-/Polyfluoroalkyl Substances Regulations for Utilities Update (Districts -All) May 23, 2024 Page 2 compliance monitoring and providing the public with information on the levels of these PFAS in their drinking water. Beginning in 2029, public water systems that have PFAS in drinking water which violate one or more of the maximum contaminant limits must take action to reduce levels of these PFAS in their drinking water and must provide notification to the public of the violation. The CMWD started sampling for PFAS under a different EPA regulation in 2023, and no PFAS has been detected in any sample. The CMWD does not expect to find PFAS in its drinking water because the CMWD purchases treated drinking water from the San Diego County Water Authority (Water Authority). This drinking water is treated by the Metropolitan Water District of Southern California (MWD) at its Skinner Treatment Plant. The water then flows to the Water Authority's Twin Oaks Valley Water Treatment Plant (Twin Oaks) where it is blended with desalinated water from the Carlsbad Desalination Plant before it enters the CMWD distribution system. The MWD has been monitoring for PFAS since 2013 and has not detected any of the six PFAS regulated under the new EPA regulation. The Water Authority has been voluntarily testing for PFAS at Twin Oaks since 2021 and has not detected any PFAS. Twin Oaks uses granular activated carbon in its treatment process which is recognized as a best available technology solution for removing PFAS in water. While monitoring has not yet begun at the Carlsbad Desalination Plant, the facility uses reverse osmosis in the treatment process, which effectively removes PFAS. The CMWD water remains safe to drink from the tap as it meets all water quality standards. Staff sample water at least weekly for other contaminants. More information about the CMWD water quality, including the annual water quality report that shares the results of last year's testing, can be found on the city's website: https://www.carlsbadca.gov/departments/utilities/water/guality. The water quality report for 2023, which contains the PFAS results, is scheduled to be released by July 1, 2024. Unfunded Costs for Compliance Staff estimate an annual laboratory cost of approximately $10,000 for PFAS sampling, which does not include staff time. Future costs are currently unknown, but they are likely to include more testing and laboratory charges and/or remediation if levels of PFAS are identified and exceed the thresholds. Addressing PFAS in drinking water involves substantial costs. Because the CMWD purchases treated water from the Water Authority, if any new treatment processes are required to address PFAS, these costs could be passed down to the CMWD customers through increased rates from the Water Authority. Board Memo -Per-/ Polyfluoroalkyl Substances Regulations for Utilities Update (Districts -All) May 23, 2024 Page 3 Next Steps Staff will continue the required testing of PFAS and will monitor federal and state sources to ensure continued regulatory compliance. The CMWD staff, in partnership with the General Counsel's Office, will also take needed action, consistent with Board approval, in litigation and class action settlements related to PFAS. Attachment: A. CMWD Board Memorandum dated August 17, 2023 cc: Geoff Patnoe, Assistant Executive Manager Cindie McMahon, General Counsel Paz Gomez, Deputy City Manager, Public Works Gary Barberio, Deputy City Manager, Community Services Laura Rocha, Deputy City Manager, Administrative Services Michael Calderwood, Fire Chief Gina Herrera, Assistant General Counsel Jeff Murphy, Community Development Director Kristina Ray, Communication & Engagement Director James Wood, Environmental Sustainability Director John Maashoff, Public Works Manager Dave Padilla, District Engineer Eric Sanders, Utilities Manager Randy Metz, Fire Marshal To the members of the: n ~l:!°'f_~OUNCl'7 Date ~cA,d cc--£:, CM ~ACM _VDCM(3) August 17, 2023 CMWD Board Memorandum To: Carlsbad Municipal Water District Board of Directors Attachment A Ccarlsbad Municipal Water District Memo ID# 2023088 From: Vicki Quiram, General Manager • Geoff Patnoe, Acting Executive Manager /@ Via: Re: Per-/Polyfluoroalkyl Substances (PFAS) ~~lations for Utilities (Districts -All) This memorandum provides information regarding the U.S. Environmental Protection Agency's (EPA) recently proposed first-ever national drinking water standard to limit six per-and polyfluoroalkyl substances or PFAS1, which will be applicable to the Carlsbad Municipal Water District (CMWD). Background Earlier this year, the EPA announced the proposed National Primary Drinking Water Regulation (NPDWR) to regulate PFAS, which are sometimes referred to as toxic "forever" chemicals. Prior to the announcement, on December 27, 2021, the EPA published the Fifth Unregulated Contaminant Monitoring Rule, or UCMR 5 (86 FR 73131). As required, in January 2023, the CMWD started collecting water samples and analyzing the results for PFAS and will continue to do so throughout 2023. Two rounds of sampling are complete and analytical results show no detection of PFAS. PFAS are a group of over 4,000 synthetic chemicals that have been released into the environment throughout the lifecycle of consumer products worldwide since the 1940s. They are present in many products including nonstick cookware, fast-food wrappers and containers, carpets, stain repellants and the foam used to extinguish fires. PFAS were designed to last a long time, so they break down very slowly in the environment. They can be found almost anywhere, including in food, soil, water and air. A recent review from the U.S. Centers for Disease Control and Prevent ion shows multiple health effects from exposure to some of these chemicals, with risks tied to certain factors such as the amount of exposure. Recently, the EPA held a public hearing on May 4, 2023, on the NPDWR, and the final rule is expected to be adopted in August 2023, although the adoption may be delayed because of the many comments received. In addition to the water quality testing, the CMWD will need to 1 The EPA's authority to establish drinking water regulations was established by the Safe Drinking Water Act, which was originally passed in 1974 and subsequently amended, to protect public health by regulating the nation's public drinking water supply. Carlsbad Municipal Water District 5950 El Camino Real I Carlsbad, CA 92008 I 442-339-2722 t Board Memo -PFAS Regulations for Utilities (Districts -All) August 17, 2023 Page 2 monitor levels, notify the public annually and reduce the levels if they exceed the standards. The CMWD has not detected any PFAS in the drinking water, and staff expect at this time that the CMWD will be able to meet the proposed standards. Discussion Research on PFAS is continuing to increase the understanding of exposures and toxicities, human health and ecological effects, and effective interventions. The UCMR dataset is one of the primary sources of information on occurrence and population exposures that the EPA uses to develop regulatory decisions for contaminants in the public drinking water supply. The CMWD water remains safe to drink from the tap. Staff samples water at least weekly for other contaminants. More information about the CMWD water quality, including the annual water quality report that shares the results of last year's testing, can be found here: https://www.carlsbadca.gov/departments/utilities/water/guality Unfunded Costs for Compliance Staff estimate a laboratory cost of $10,000 for the 2023 PFAS sampling, which does not include staff time. Future costs are currently unknown, but they are likely to include more testing and laboratory charges and/or remediation if levels of PFAS are identified and exceed the thresholds. Treatment costs to remove PFAS from drinking water are high. Because the CMWD purchases treated water from the San Diego County Water Authority, or SDCWA, any new treatment processes required to address PFAS could be passed down to the CMWD through increas_ed rates from the SDCWA. The SDCWA is participating in a PFAS workgroup with the Association of California Water Agencies (ACWA), which submitted comments asking the EPA to evaluate the potential economic impacts to drinking water utilities and ratepayers. WateReuse Association, a national trade assodation for recycled water, has been in communication with the EPA regarding the liability for water and wastewater utilities. Specifically, it remains to be seen which actors the EPA will hold liable for remediation costs, including wastewater treatment facilities. Any wastewater treatment costs for PFAS at the Encina Wastewater Authority will ultimately be passed on to the City of Carlsbad's wastewater customers. The EPA has indicated that it is developfng regulations and policies to attempt to protect municipal systems from being sued by those found liable for PFAS pollution. Pending Litigation Against PFAS Manufacturers and Sellers Thousands of lawsuits targeting the manufacturers and sellers of products that contain PFAS have been consolidated under multi-district litigation in the U.S. District Court for the District of South Carolina. The plaintiffs, in this case, include many public water systems with PFAS- contaminated wells. Additionally, the California Attorney General's Office filed suit against 18 manufacturers of PFAS, including 3M and DuPont, accusing these manufacturers of making and selling PFAS despite knowing the adverse impacts to human health and the environment. The Board Memo -PFAS Regulations for Ut ilities {Districts -All) August 17, 2023 Page 3 state is seeking damages to pay for PFAS treatment at drinking water and wastewater systems, among other costs. The state's case was filed in the Superior Court in Alameda County with a status conference scheduled for July 7, 2024; 3M has requested removal of the case to federal court. On June 22, 2023, 3M announced a broad resolution in the PFAS litigation. 3M has committed to pay a class of public water systems a multi-billion-dollar settlement over the next 13 years, pending the court's approval. The settlement would support remediation for public water systems that detect PFAS at any level or may do so in the future. 3M's announcement came on the heels· of another agreement to comprehensively resolve PFAS-related drinking water claims against other chemical manufacturers including Chemours, Dupont and Corteva. Pending court approval, the settlements would apply to public water systems with a current measurable concentration of PFAS and systems that are currently required to monitor for PFAS by the EPA, including many public water systems in California. The Cit y Attorney's Office has determined that this litigation would apply to the CMWD, should PFAS be detected in the future. Next Steps Staff will continue quarterly testing of PFAS through calendar year 2023 and will monitor federal and state sources to ensure continued regu latory compliance. CMWD staff, in partnership with the City Attorney's Office, will also monitor pending litigation and class action settlements to access any available funding for the CMWD. cc: Scott Chadwick, Executive Manager Cindie McMahon, General Counsel Ron Kemp, Senior Assistant General Counsel Gary Barberio, Deputy City Manager, Community Services Paz Gomez, Deputy City Manager, Public Works Laura Rocha, Deputy City Manager, Administrative Services Michael Calderwood, Fire Chief Jeff Murphy, Community Development Director Kristina Ray, Communication & Engagement Director James Wood, Environmental Sustainability Director Gina Herrera, Deputy General Counsel Dave Padilla, District Engineer Eric Sanders, Utilities Manager John Maashoff, Public Works Manager Randy Metz, Fire Marshal