HV No Stranger To Toxic Water Chemicals EPA Will Limit Strictly

HUDSON VALLEY, NY — Reaction was swift Wednesday in the Hudson Valley after the federal government announced strict new limits on “forever chemicals” in public water systems — such as the ones found in Newburgh, Bedford and elsewhere in the Hudson Valley in the past decade.

The Environmental Protection Agency mandate requires that the perfluoroalkyl and polyfluoroalkyl chemicals, known collectively as PFAS, be reduced to near-zero levels. The rule is the first national drinking water limit on the toxic chemicals. PFAS are hazardous because they don’t degrade in the environment and are linked to health issues such as low birth weight and liver disease, along with certain cancers.

They’re ubiquitous, found in everything from food packaging and cookware to dental floss and other personal care items to children’s toys and firefighting foams.

At least 45 percent of U.S. water systems have one or more types of PFAS chemicals, according to a 2023 study by the U.S. Geological Survey.

New York’s drinking water standards for emerging contaminants are already among the most protective in the country, according to the state Department of Health. Per- and polyfluoroalkyl substances (PFAS) are contaminants used in many products and have been linked to health issues. Public drinking water with two of them, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), must be treated if levels are above the MCL.

The Associated Press reported that some water utilities took issue with the rule, saying treatment systems are expensive to install and that customers will end up paying more for water.

However, the largest water company in the Hudson Valley supports the move.

"Veolia supports the EPA’s new PFAS drinking water regulations and has been moving aggressively to meet the challenge of protecting public health and the environment by treating regulated PFAS compounds in drinking water," said Bill Madden, Veolia's director of New York communications and government affairs.

Veolia began working closely with local authorities in 2019 on the issue, he said. PFAS treatment is already operating on the water supplies for 50,000 people, about 10 percent of the entire population of 500,000 people Veolia serves in New York, Madden said.

Veolia recently completed installing new treatment systems at 17 sites that exceeded one or more state PFAS limits in 2020, and regulated PFAS are no longer detected in the water they produce. Veolia is continuing to design, construct and install PFAS treatment systems at drinking water wells in New York, including two wells which reported exceeding state PFAS limits for the first time earlier this year, he said.

Treatment systems for another 100,000 people in New York are now in permitting and pre-construction. Veolia continues to plan and install new PFAS treatment systems in New York as required by evolving regulations and updated water quality measurements, using lessons from the earlier installations to speed the process of adding more, he said.

Utility groups elsewhere warned the rules will cost tens of billions of dollars each and fall hardest on small communities with fewer resources, the AP said.

The EPA estimates the rule will cost about $1.5 billion to implement each year, but doing so will prevent nearly 10,000 deaths over decades and significantly reduce serious illnesses.

Environmental and health advocates praised the rule, but said PFAS manufacturers knew decades ago the substances were dangerous yet hid or downplayed the evidence.

“Because these new federal drinking water standards are more protective than New York’s current standards, the EPA’s regulations will result in reduced exposure to harmful PFAS in drinking water, and influence the cleanup goals at sites like Stewart Air National Guard Base,” said Dan Shapley, Riverkeeper’s Senior Director of Advocacy, Policy and Planning. “The bad news is that many drinking water sources in the Hudson Valley have detectable levels of PFAS. The good news is that these new regulations will protect many of our neighbors from further exposure to these chemicals.”

Newburgh's public water supply was shut down in 2016 after high levels of PFAS were found. State officials created an alternate supply while the source was investigated and a new filtration system was installed.

In 2018 New York sued six companies that manufactured firefighting foam found in local contaminated sites including the Stewart Air National Guard Base in neighboring Orange County. SEE: NYS To Sue Firefighting Foam Manufacturers.

Riverkeeper’s analysis of drinking water data shows that many Hudson Valley communities will be better protected with the EPA’s new standards, which will result in improvements to drinking water treatments that will remove a variety of chemicals, officials at the environmental advocacy nonprofit said.

U.S. residents consistently name drinking water quality among their top environmental concerns, and a poll released just this week shows that a majority are willing to pay higher water rates for higher quality water. Ultimately, corporate manufacturers and polluters should pay for treatment and remediation, Riverkeeper said.

“Upgrading treatment technologies to remove PFAS from drinking water provides multiple benefits, including improved removal of other contaminants. Making it easier for communities to access funding that will allow them to complete these upgrades needs to be a top priority,” said Riverkeeper Science Director Shannon Roback. “It is worth noting that the EPA sets both Maximum Contaminant Level Goals, based strictly on health risks, and Maximum Contaminant Levels, which may be less protective of human health because they consider the cost associated with implementing protections. For PFOA and PFOS, the EPA’s scientific assessment concluded that no exposure to PFOA or PFOS in drinking water is safe.”

In addition to more protective drinking water standards, Riverkeeper advocates for a range of policies to reduce the risks associated with PFAS, including elimination of non-essential uses of the chemicals, elimination of discharges of PFAS to the environment, implementing comprehensive drinking water source protection programs, and thoroughly remediating PFAS at contaminated sites.

Some funds are available to help utilities. Manufacturer 3M recently agreed to pay more than $10 billion to drinking water providers to settle PFAS litigation. And the Bipartisan Infrastructure Law includes billions to combat the substance. But utilities say more will be needed.

There have been dramatic shifts in EPA’s health guidance for PFAS in recent years as more research into its health harms emerged. Less than a decade ago, EPA issued a health advisory that PFOA and PFOS levels combined shouldn’t exceed 70 parts per trillion. Now, the agency says no amount is safe, the AP reported.

Public concern has increased, too.

"Public health is at serious risk in Rockland County," Eric Weltman, Senior New York Organizer with Food & Water Watch and a member of the Rockland Water Coalition, said during an announcement about new lobbying efforts in 2021 over PFAS.

A year ago, Bedford decided to dig new wells for the Farms and Old Post Road Water Districts after high levels of PFOA and PFOS were found. "Clean drinking water is a foundational service to our residents," town Supervisor Ellen Calves said.

New York State Sen. Pete Harckham, who chairs the Senate Environmental Conservation Committee, said, "These man-made, toxic ‘forever’ chemicals have caused enough damage to humans and wildlife."

“The announcement by the EPA today that it was setting the lowest Maximum Contaminant Level feasible for PFAS in drinking water systems nationwide is a landmark achievement in our nation’s continuing efforts at establishing necessary environmental protections," said Harckham, whose district includes parts of Putnam, Rockland and Westchester counties in the Hudson Valley. "This ruling also underscores the necessity of restoring full funding to New York’s Clean Water Infrastructure Act in the FY2024-2025 state budget to ensure that PFAS are removed from fragile drinking water supplies statewide."

U.S Senate Majority Leader Charles E. Schumer said the EPA’s proposal is a vital step in bolstering the public health of New York communities and to avoid New Yorkers’ long-term exposure to dangerous PFAS pollution.

“From Hoosick Falls to Newburgh to Long Island to Niagara Falls, New Yorkers know first-hand the dangers of PFAS contamination, which is why I have pushed relentlessly for years for the EPA to set PFAS drinking water standards to protect our communities. Today’s historic announcement from the Biden administration is what I have long-fought for: a science-based national standard to limit toxic PFAS pollution in our drinking water,” he said in a statement. “This critical step taken by President Biden’s EPA in issuing the first-ever national drinking water standard for five harmful PFAS chemicals will meaningfully protect the public health of all New Yorkers.”

A New York State Health Department spokeswoman told Patch:

New York State is committed to reducing exposure to chemicals in drinking water and we look forward to continuing our work with the EPA to protect public health and assisting municipalities in reaching compliance with these standards. The New York State Department of Health is currently reviewing the details of EPA’s rulemaking to determine how it will affect New York State’s current Maximum Contaminant Limits (MCLs), notifications, and testing as we look to harmonize the state and federal requirements. All New York State public drinking water is required to meet federal and state drinking water standards."

Under the new federal standards, public water systems that exceed the federal MCLs will be required to comply by 2029. Due to the State Health Department’s promulgation of MCLs for PFOA and PFOS in 2020, many water supplies are already complying with state PFAS testing and mitigation requirements, which continue as the current enforceable standard in NYS as the federal requirements do not begin until 2027 for PFAS testing and 2029 for PFAS removal.

To be clear, New York State residents can continue to drink their water unless told otherwise by their public water system, or the local or state health department.

As one of the first states to develop its own health-based enforceable drinking water standards for PFOA and PFOS in 2020, New York State has continued to refine its regulatory program and has taken aggressive actions to prevent health risks and reduce exposure. Since then, the Department of Health in close coordination with local health departments has identified public water supplies in New York State above 10 ppt and have required mitigation to remove PFAS from these water supplies. The Department of Health has also helped communities remove PFAS from drinking water through infrastructure grant and loan opportunities.

As a state that is committed to reducing exposure to chemicals in drinking water, we look forward to continuing to work with the EPA in advancing public health protections of drinking water supplies and assisting municipalities in reaching compliance with these standards.
Additional Information:

• The current State 10ppt MCLs for PFOA and PFOS continues as the only enforceable standard currently in effect until the federal requirements begin in 2027 for PFAS testing and 2029 for PFAS removal.

• See “Public Water Systems and NYS Drinking Water Standards for PFAS and Other Emerging Contaminants,” here.
• Visit the Department’s website to download drinking water contaminant data for public water systems in New York State, here.
• Health Effects of PFAS - Scientists are still studying the health effects of PFAS but recognize that a wide range of health effects are possible from long-term exposure including cancer, and effects on early life development, the immune system, the cardiovascular system and the liver. Certain PFAS are only slowly excreted and so can build up in the body from long-term exposure. The potential for adverse effects from low level exposures that may be encountered in contaminated drinking water are uncertain. Drinking water standards called Maximum Contaminant Levels (MCLs) are health protective and are set below where health effects are more likely to occur.