HomeMy WebLinkAboutConstituents of Emerging Concern Policy Statement - Revised to Include Attachment
Proposed Orange County Sanitation District
Constituents of Emerging Concern Policy
Should OCSD take a lead role on Constituents of Emerging Concern in wastewater and develop
detection and characterization methods in wastewater treatment?
Summary Policy Statement
The Orange County Sanitation District (Sanitation District) will partner with other agencies,
associations, and institutions to support the use of sound science to inform policy and regulatory
decisions on constituents of emerging concern (CECs) at the federal, state, and regional levels.
Staff will obtain and maintain current knowledge on CECs under regulatory consideration,
including occurrence, analytical methods, regulations, and treatment to support the Sanitation
District’s mission.
Background
CECs also referred to as Constituents or Contaminants of Emerging Concern are pollutants that
may or may not be subject to regulatory requirements or statutes yet pose a risk to public health
and/or the environment. The Sanitation District is a recipient of CECs that are discharged along
with domestic and residential wastewater; discharges from industrial, commercial, and other
governmental facilities; and tributary discharging jurisdictions. The concept of CECs evolves over
time and often the Sanitation District and other entities must acknowledge and understand their
impacts to address the effects posed by each CEC.
For more than 50 years, the Sanitation District has adopted and enforced standards and
requirements to protect the public health and safety, the environment, and the Sanitation
District’s workers and facilities, while collecting and treating wastewater. Initially the primary
concern to the Sanitation District was conventional pollutants, those that originate from normal
sanitary use and can be addressed by conventional wastewater treatment. With the 1972
amendment to the Clean Water Act, and as required by the Code of Federal Regulations, the
Sanitation District implemented a mandated pretreatment program to control discharges
containing toxic pollutants at their sources through permitting, enforcement, inspection, and
sampling. The Sanitation District’s Pretreatment Program promulgates the Sanitation District’s
Wastewater Discharge Regulations Ordinance (Wastewater Ordinance), which governs
discharges to the sewer through various types of permits. The Wastewater Ordinance also
includes numeric limits, referred to as Local Limits, that control the quality of non-domestic
discharges to the sewer. These Local Limits are the result of a technical evaluation and
comprehensive sampling and analysis effort, required under the Sanitation District’s permit
issued by the state to discharge to the ocean – the National Pollutant Discharge Elimination
System (NPDES) Permit.
The Sanitation District’s current NPDES Permit requires evaluation and monitoring of CECs. The
Regional Water Quality Control Board (RWQCB) and EPA required the Sanitation District to study
and report on certain newer CECs in the Sanitation District’s effluent and the receiving waters.
The CEC study had to include the following categories and specified a set of particular
constituents in each category: Hormones (8), Industrial Endocrine Disrupting Compounds (7),
Pharmaceuticals and Personal Care Products (13), and Flame Retardants (9). Since 2014,
California’s State Water Resource Control Board has been updating its Recycled Water Policy and
has identified CECs under consideration for projects that conduct surface spreading of recycled
water, including the Groundwater Replenishment System (GWRS). In addition, to meet the
Sanitation District’s obligations to provide a high level of service for biosolids reuse and water
reclamation through GWRS, the Sanitation District must evaluate and monitor CECs that affect
these initiatives.
Although the Sanitation District has been involved with water reclamation with the Orange
County Water District (OCWD) since the mid-1970’s, the Sanitation District’s mission changed
significantly in the years leading up to 2008 when the Groundwater Replenishment System
(GWRS) was commissioned. GWRS compelled the Sanitation District to consider impacts to
drinking water limits and Notification and Response Levels, which are typically much lower than
the standards in place for a wastewater treatment plant. For several critical constituents, OCWD
and the Sanitation District established Level of Service commitments. The Sanitation District and
OCWD established a response plan to follow when a constituent becomes a concern to either
agency. Where the source can be identified, the plan organizes responsive actions from the
Sanitation District and OCWD for industrial and commercial facilities. Domestic and residential
sources are typically addressed by way of educational outreach to the public.
To determine the constituents that impact the Sanitation District’s operations and reuse
initiatives, the Sanitation District interacts with federal, state, and local agencies and monitors
their regulatory and legislative efforts. Sometimes the job is straightforward, because the
federal, state, or local agency focuses on a specific CEC chemical which yields a concentrated
effort; however, sometimes, the effort can be interpretative. This requires a comprehensive,
well-established program and experienced subject matter experts to identify the CECs that
impact the Sanitation District. The Sanitation District must then evaluate the sources and decide
what methods will be employed to control the discharges, if necessary.
Current Situation
With newer equipment and techniques, federal, state, and local government agencies are
detecting constituents at very low concentrations in the drinking water. This has resulted in
agencies studying more constituents and requesting NPDES Permit holders, such as the
Sanitation District, to monitor and report CECs detected in the influent and effluent. However,
wastewater is a much more complex matrix than drinking water, so reproducible low-level
analytical methods are much more difficult to develop and implement for wastewater than
drinking water.
The Sanitation District will also be required to develop new methods for addressing some of the
CECs primarily discharged from residential communities or are present in the existing drinking
water supply. The Sanitation District typically attempts to address such discharges through
education and outreach while working with other agencies. Some CECs require the Sanitation
District and other agencies to sponsor legislation and regulation development or to comment on
a particular subject to protect the agency’s interests. For example, the Sanitation District has
advocated for minimizing or eliminating the use of specific CECs in manufacturing or consumer
use to the California Department of Toxic Substances Control. To achieve its mission, the
Sanitation District will need to continue supporting a variety of regulatory and legislative efforts.
Future Policy Statement
If source control, education and outreach, or legislative and regulatory efforts are not successful,
the Sanitation District may be required to implement a technological or operational process
change/investment to address a CEC.
The Sanitation District must align its resources to continue managing CECs throughout the service
area and treatment process in order to comply with the Sanitation District’s existing regulatory
requirements. The Sanitation District must remain vigilant in monitoring the threats posed by
upstream sources to its system; to continue to work with other agencies and professional
organizations to develop robust analytical methods; and to evaluate routinely the need to
establish sound policies, local limits, or other regulations and standards based on new local, state,
and federal regulations to protect public health and the environment. The Sanitation District is
required to continue implementing its established response plan by promoting effective source
control and treatment, while also preparing for newer CECs and regulatory obligations. The
Sanitation District will continue to work to understand current and future CECs by monitoring
developing regulations and legislation and actively engaging water and wastewater stakeholders.
Two families of chemicals, PFAS and PFOA, have been identified as CEC’s with a probability of
impacting water and biosolids reuse. At the request of various Board Members, we have included
the OCWD’s August 2019 PFOA and PFAS Fact Sheet. This is an example of a CEC where the
Sanitation District must be engaged helping to explore the science and shape future legislation
and regulation to help create practical solutions to real world concerns.
Initiatives to Support Progress Toward the Policy Goal:
Initiative: The Sanitation District will continue to actively engage water and wastewater
stakeholders on CECs to stay abreast of the scientific progress and provide timely briefings to the
Sanitation District’s Management Team and Board to facilitate informed decision making.
Initiative: The Sanitation District will continue to develop capacity to detect, quantify, and
characterize CECs throughout the service area and treatment process in order to promote
treatment effectiveness and the communication of credible risks.
Initiative: The Sanitation District will actively research laboratory technics and other scientific
research to understand the real and potential impact of CECs, like PFAS and PFOA, on the reuse
of water and biosolids. The Sanitation District will use science-based knowledge to help shape
legislation and regulation to protect the public health and environment.
What Are PFOA and PFOS?
Peluorooctanoic acid (PFOA) and peluorooctane sulfonate (PFOS) are
chemicals that are prevalent in the environment and were once commonly
used in many consumer products. They are part of a larger group referred to
as per-and polyfluoroalkyl substances (PFAS). Although PFOA and PFOS are no
longer manufactured in the United States, other countries still make products
that contain these chemicals, which may be imported into the United States.
[Note: other PFAS are still made and used in the US.]
What Are Ways People Are Exposed to PFOA and PFOS?
Water is just one of many ways that people come in contact with these
substances. These chemicals are resistant to heat, water and oil and have
been used for decades in hundreds of industrial applications and consumer
products. PFAS have been found both in the environment and in blood
samples of the general U.S. population. The U.S. Food and Drug Administration
(FDA) has also detected PFAS chemicals in the U.S. food supply.
Due to the prolonged use of PFOA and PFOS in many common consumer
products, the chemicals have been known to enter the water cycle through
conventionally treated wastewater discharges from sewage treatment
facilities, landfills and locations where the substances were used outdoors.
Most people have been exposed to these chemicals through consumer
products, but drinking water can be an additional source of exposure in
communities where these chemicals have entered water supplies.
How Can I Learn More?
OCWD: For more information about PFOA/PFOS or water quality testing, visit www.ocwd.com
or contact your local water provider for information specific to your community.
EPA: www.epa.gov/pfas
DDW: www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/PFOA_PFOS
FDA: www.fda.gov/food/chemicals/and-polyfluoroalkyl-substances-pfas
Addressing PFOA / PFOS
in Orange County
Common products
that contain PFAS
ca
r
p
e
t
s
furniture fabrics
water, greaseor stainresistantmaterials
fire-fighting foam at airfields
paper food
packaging
clo
t
h
i
n
g
August 2019
Industry
Fire-Fighting
Foam
Consumer Products
Waste Infrastructure
Environment
• Air• Soil
• Water
Human Exposure
What is the EPA Doing About PFOA and PFOS?
In 2009, EPA published provisional health advisories for PFOA and PFOS. As science and technology
advanced, in May 2016, it replaced the provisional advisories with a lifetime health advisory, including the
most sensitive populations, of a combined 70 parts per trillion (ppt). Based on preliminary information from
EPA, 63 water suppliers in the United States detected PFOA and PFOS in their drinking water supplies.
Twenty-six of these water systems are located in California. EPA's health advisories are non-enforceable
and non-regulatory and provide technical information to states’ agencies and other public health oicials
on health eects, analytical methodologies and treatment technologies associated with drinking water
contamination. EPA is moving forward with the enforceable Maximum Contaminant Level (MCL) process for
PFOA and PFOS. It is also gathering and evaluating information to determine if regulation is appropriate
for a broader class of PFAS. While EPA is responsible for the safety of drinking water, the FDA regulates
bottled drinking water. EPA standards are more stringent regarding the regulation of public drinking water.
What is California Doing About PFOA and PFOS?
In July 2018, DDW established interim drinking water Notification and Response Levels for PFOA and PFOS.
Results above the Notification Level require agencies to notify the governing body for the areas where the
water has been served within 30 days of receiving the verifying test results. If the Response Level is
exceeded in drinking water provided to consumers, DDW recommends that the water agency remove the
water source from service or provide treatment.
In April 2019, DDW sent monitoring orders to more than 200 public water systems across the state to test for
PFOA and PFOS, including 12 in OCWD’s service area. The comprehensive list of monitoring orders included
612 drinking water supply wells in California; of which 53 were in OCWD’s service area. Wells were selected
on the basis of proximity to either landfills, municipal airports or past detections of PFAS in wells. The data
provided by this testing will help DDW determine standards for PFOA and PFOS in drinking water.
In August 2019, DDW announced a new Notification Level for PFOA and PFOS, 5.1 parts per trillion (ppt) and
6.5 ppt, respectively. The Response Level for PFOA and PFOS will remain at the current level of 70 ppt for
both contaminants. DDW announced they will update Response Levels in Fall 2019.
What is OCWD Doing About PFOA and PFOS?
We take seriously our duty to provide safe, reliable, and
high-quality drinking water meeting all state and federal
standards to cities throughout Orange County. OCWD’s
Philip L. Anthony Water Quality Laboratory is the first
public agency laboratory in California to achieve state
certification to analyze for PFAS in drinking water. OCWD
invested more than $1 million in equipment to support the
lab in peorming this analysis.
All water agencies in OCWD’s service area operate their
water systems following all drinking water requirements
for PFOA and PFOS established by the EPA and DDW.
OCWD completed the first quarter testing for PFOA and PFOS, for 12 of the local water retailers it serves.
There are nine retailers with one or more initial monitoring order results greater that DDW’s Notification
Levels for PFOA and PFOS and all have notified their governing bodies. While NLs are precautionary
health-based advisory levels established by DDW to allow for further research and analysis to be
conducted by the state to determine the necessity of setting an enforceable drinking water maximum
contaminant level (MCL), agencies within OCWD's service areas are taking action to ensure safe water
supplies are the top priority. Additional testing for PFOA and PFOS will be conducted by OCWD on a
quarterly basis. To further support this issue, OCWD is doing the following:
Assist water retailers it serves in compliance with DDW notification and testing requirements
Pilot test potential treatment techniques for removal of PFAS in groundwater
Work with the Regional Water Quality Control Board regulators and the Santa Ana Watershed
Project Authority to identify potential sources of PFAS
Obtain laboratory certification to test for more PFAS compounds
Monitor to determine extent of compounds in the groundwater basin and in recharge water supplies
Stay current with changing technology for both detection and treatment
Be transparent and communicate regularly with stakeholders
Your Drinking Water Is Safe: OCWD’s Commitment to Water Quality
OCWD and the water retailers it serves provide some of the cleanest drinking water in the world. OCWD
is committed to ensuring that the community is knowledgeable and has the resources available to
understand local water quality. To help achieve this, OCWD remains proactive in water quality
investigation and ensures that all test results are publicly available. In addition, comprehensive water
quality data files are provided annually to the cities and districts it serves. OCWD tests water from
about 1,500 locations throughout the Orange County Groundwater Basin, taking more than 20,000
samples and conducting 400,000 analyses of these samples each year.
OCWD and Retail Agencies in Orange County are Committed to Public Health and Safety
To meet the state's recommended PFAS levels, water providers are taking actions such as:
Removal of water supply sources from service
Use of imported water that meets the state's recommended levels of PFAS
Blending multiple water supply sources to meet the state's recommended levels of PFAS
Pilot testing of water treatment processes for PFAS
A “part-per-trillion” is the equivalent of four grains of
sugar dissolved in an Olympic-sized swimming pool.
If the level of both PFOA and PFOS combined is 70 ppt
or above, DDW recommends the agency stop using
the well or provide treatment. This is known as the
Response Level.*At the time of printing
PFOA
5.1 parts-per-trillion (ppt)
PFOS
6.5 parts-per-trillion (ppt)
CA DDW Interim Notification Levels (NL)*
PFOA + PFOS
70 parts-per-trillion (ppt)
(recommended to take out of service)
CA DDW Interim Response Levels (RL)*
When Did OCWD First Detect PFOA and PFOS in the Groundwater?
From 2013-2015, the Orange County Water District (OCWD) peormed testing for the local Orange County
water retailers it serves as part of the Environmental Protection Agency (EPA) Third Unregulated Contami-
nant Monitoring Rule (UCMR3). The results of this testing were provided to the EPA, the State Water
Resources Control Board (SWRCB) Division of Drinking Water (DDW) and individually to the 19 water retailers
OCWD serves. The UCMR data serves as a primary source of occurrence and exposure information that
EPA uses to develop regulations.
(and taken out of service)
( )
What is the EPA Doing About PFOA and PFOS?
In 2009, EPA published provisional health advisories for PFOA and PFOS. As science and technology
advanced, in May 2016, it replaced the provisional advisories with a lifetime health advisory, including the
most sensitive populations, of a combined 70 parts per trillion (ppt). Based on preliminary information from
EPA, 63 water suppliers in the United States detected PFOA and PFOS in their drinking water supplies.
Twenty-six of these water systems are located in California. EPA's health advisories are non-enforceable
and non-regulatory and provide technical information to states’ agencies and other public health oicials
on health eects, analytical methodologies and treatment technologies associated with drinking water
contamination. EPA is moving forward with the enforceable Maximum Contaminant Level (MCL) process for
PFOA and PFOS. It is also gathering and evaluating information to determine if regulation is appropriate
for a broader class of PFAS. While EPA is responsible for the safety of drinking water, the FDA regulates
bottled drinking water. EPA standards are more stringent regarding the regulation of public drinking water.
What is California Doing About PFOA and PFOS?
In July 2018, DDW established interim drinking water Notification and Response Levels for PFOA and PFOS.
Results above the Notification Level require agencies to notify the governing body for the areas where the
water has been served within 30 days of receiving the verifying test results. If the Response Level is
exceeded in drinking water provided to consumers, DDW recommends that the water agency remove the
water source from service or provide treatment.
In April 2019, DDW sent monitoring orders to more than 200 public water systems across the state to test for
PFOA and PFOS, including 12 in OCWD’s service area. The comprehensive list of monitoring orders included
612 drinking water supply wells in California; of which 53 were in OCWD’s service area. Wells were selected
on the basis of proximity to either landfills, municipal airports or past detections of PFAS in wells. The data
provided by this testing will help DDW determine standards for PFOA and PFOS in drinking water.
In August 2019, DDW announced a new Notification Level for PFOA and PFOS, 5.1 parts per trillion (ppt) and
6.5 ppt, respectively. The Response Level for PFOA and PFOS will remain at the current level of 70 ppt for
both contaminants. DDW announced they will update Response Levels in Fall 2019.
What is OCWD Doing About PFOA and PFOS?
We take seriously our duty to provide safe, reliable, and
high-quality drinking water meeting all state and federal
standards to cities throughout Orange County. OCWD’s
Philip L. Anthony Water Quality Laboratory is the first
public agency laboratory in California to achieve state
certification to analyze for PFAS in drinking water. OCWD
invested more than $1 million in equipment to support the
lab in peorming this analysis.
All water agencies in OCWD’s service area operate their
water systems following all drinking water requirements
for PFOA and PFOS established by the EPA and DDW.
OCWD completed the first quarter testing for PFOA and PFOS, for 12 of the local water retailers it serves.
There are nine retailers with one or more initial monitoring order results greater that DDW’s Notification
Levels for PFOA and PFOS and all have notified their governing bodies. While NLs are precautionary
health-based advisory levels established by DDW to allow for further research and analysis to be
conducted by the state to determine the necessity of setting an enforceable drinking water maximum
contaminant level (MCL), agencies within OCWD's service areas are taking action to ensure safe water
supplies are the top priority. Additional testing for PFOA and PFOS will be conducted by OCWD on a
quarterly basis. To further support this issue, OCWD is doing the following:
Assist water retailers it serves in compliance with DDW notification and testing requirements
Pilot test potential treatment techniques for removal of PFAS in groundwater
Work with the Regional Water Quality Control Board regulators and the Santa Ana Watershed
Project Authority to identify potential sources of PFAS
Obtain laboratory certification to test for more PFAS compounds
Monitor to determine extent of compounds in the groundwater basin and in recharge water supplies
Stay current with changing technology for both detection and treatment
Be transparent and communicate regularly with stakeholders
Your Drinking Water Is Safe: OCWD’s Commitment to Water Quality
OCWD and the water retailers it serves provide some of the cleanest drinking water in the world. OCWD
is committed to ensuring that the community is knowledgeable and has the resources available to
understand local water quality. To help achieve this, OCWD remains proactive in water quality
investigation and ensures that all test results are publicly available. In addition, comprehensive water
quality data files are provided annually to the cities and districts it serves. OCWD tests water from
about 1,500 locations throughout the Orange County Groundwater Basin, taking more than 20,000
samples and conducting 400,000 analyses of these samples each year.
OCWD and Retail Agencies in Orange County are Committed to Public Health and Safety
To meet the state's recommended PFAS levels, water providers are taking actions such as:
Removal of water supply sources from service
Use of imported water that meets the state's recommended levels of PFAS
Blending multiple water supply sources to meet the state's recommended levels of PFAS
Pilot testing of water treatment processes for PFAS
A “part-per-trillion” is the equivalent of four grains of
sugar dissolved in an Olympic-sized swimming pool.
If the level of both PFOA and PFOS combined is 70 ppt
or above, DDW recommends the agency stop using
the well or provide treatment. This is known as the
Response Level.*At the time of printing
PFOA
5.1 parts-per-trillion (ppt)
PFOS
6.5 parts-per-trillion (ppt)
CA DDW Interim Notification Levels (NL)*
PFOA + PFOS
70 parts-per-trillion (ppt)
(recommended to take out of service)
CA DDW Interim Response Levels (RL)*
When Did OCWD First Detect PFOA and PFOS in the Groundwater?
From 2013-2015, the Orange County Water District (OCWD) peormed testing for the local Orange County
water retailers it serves as part of the Environmental Protection Agency (EPA) Third Unregulated Contami-
nant Monitoring Rule (UCMR3). The results of this testing were provided to the EPA, the State Water
Resources Control Board (SWRCB) Division of Drinking Water (DDW) and individually to the 19 water retailers
OCWD serves. The UCMR data serves as a primary source of occurrence and exposure information that
EPA uses to develop regulations.
(and taken out of service)
' ' ' '
' ' '
What Are PFOA and PFOS?
Peluorooctanoic acid (PFOA) and peluorooctane sulfonate (PFOS) are
chemicals that are prevalent in the environment and were once commonly
used in many consumer products. They are part of a larger group referred to
as per-and polyfluoroalkyl substances (PFAS). Although PFOA and PFOS are no
longer manufactured in the United States, other countries still make products
that contain these chemicals, which may be imported into the United States.
[Note: other PFAS are still made and used in the US.]
What Are Ways People Are Exposed to PFOA and PFOS?
Water is just one of many ways that people come in contact with these
substances. These chemicals are resistant to heat, water and oil and have
been used for decades in hundreds of industrial applications and consumer
products. PFAS have been found both in the environment and in blood
samples of the general U.S. population. The U.S. Food and Drug Administration
(FDA) has also detected PFAS chemicals in the U.S. food supply.
Due to the prolonged use of PFOA and PFOS in many common consumer
products, the chemicals have been known to enter the water cycle through
conventionally treated wastewater discharges from sewage treatment
facilities, landfills and locations where the substances were used outdoors.
Most people have been exposed to these chemicals through consumer
products, but drinking water can be an additional source of exposure in
communities where these chemicals have entered water supplies.
How Can I Learn More?
OCWD: For more information about PFOA/PFOS or water quality testing, visit www.ocwd.com
or contact your local water provider for information specific to your community.
EPA: www.epa.gov/pfas
DDW: www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/PFOA_PFOS
FDA: www.fda.gov/food/chemicals/and-polyfluoroalkyl-substances-pfas
Addressing PFOA / PFOS
in Orange County
Common products
that contain PFAS
ca
r
p
e
t
s
furniture fabrics
water, greaseor stainresistantmaterials
fire-fighting foam at airfields
paper food
packaging
clo
t
h
i
n
g
August 2019
Industry
Fire-Fighting
Foam
Consumer Products
Waste Infrastructure
Environment
• Air• Soil
• Water
Human Exposure