Jenner & Block

Challenges When Dealing with Unregulated/Emerging Contaminants in Drinking Water Systems

Drinking water photoSiros photo

By Steven M. Siros

One of the more challenging issues for companies dealing with contaminated groundwater sites near public drinking water supplies is how to handle contaminants for which there are uncertain or evolving regulatory action levels. For example, perfluorinated chemicals (“PFCs”) have garnered a lot of publicity recently after these contaminants were detected in several municipal drinking water supplies. However, there currently is no federal maximum contaminant level (“MCL”) for PFCs generally, and more specifically, for perfluorooctanoic acid (“PFOA”). Instead, there are conflicting health advisory levels that vary drastically between U.S. EPA and the individual states, ranging between 20 and 400 parts per trillion (“PPT”). Similarly, 1,4-dioxane is another contaminant that is the subject of conflicting regulatory standards in drinking water. There is no MCL for 1,4-dioxane but it, along with PFOA, is on U.S. EPA’s Drinking Water Contaminant Candidate List 4. As such, if detected, the municipality is required to provide notification to the public via its Consumer Confidence Report. However, the health advisory and/or clean-up level for 1,4-dioxane in groundwater varies greatly from state to state, ranging from .3 to 5 parts per billion, and as such, there is no consistent regulatory standard for 1,4-dioxane in drinking water.

TAGS: Sustainability, Water

PEOPLE: Steven M. Siros