HomeMy WebLinkAbout2023-08-17; Per-/Polyfluoroalkyl Substances (PFAS) Regulations for Utilities (Districts - All); Quiram, VickiTo the members of th~:
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August 17, 2023
CMWD Board Memorandum .
To: Carlsbad Municipal Water District Board of Directors
Ccarlsbad
Municipal Water District
Memo ID# 2023088
From: Vicki Quiram, General Manager ·
Geoff Patnoe, Acting Executive Manager ri5iJ 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 Prevention 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 ofthe
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
association 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 developing 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 Utilities (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 ofthe 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 City Attorney's Office has
determined that this litigation would apply to the CMWD, should PFAS be det ected 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 regulatory 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