2022 is here and we are all excited to see what this year will bring. But before we dive into new discussions, developments, and events, we would like to reflect on some important industry news that broke last year. Looking back at the unique challenges and topics of 2021 may help predict how our industry will change as we progress through the new year.
January: The Delta Conveyance Project
At the start of 2021, the Metropolitan Board of Directors approved funding for the Delta Conveyance Project––a state initiative for building modern and resilient water infrastructure in the critical Sacramento-San Joaquin Delta. The Delta is the hub of California’s water supplies and provides affordable, high-quality water to over 27 million Californians and 750,000 acres of farmland. But this critical juncture is vulnerable to many mounting dangers, including large earthquakes, rising sea levels, and the effects of climate change. Despite the need for updated water infrastructure, past iterations of the Delta Conveyance Project failed because of environmental concerns and a hefty price tag. The current project is undergoing an Environmental Impact Review that will be available to the public sometime this year. The Metropolitan Board voted unanimously to fund their portion of the environmental review and pre-planning costs, putting an estimated 160.8 million towards the project over the next four years. Once the data is in, Californians can make the best decision for both our environment and our water security.
February: PFAS at the Federal Level
Congress and the federal government took action last winter to end the toxic legacy of “forever chemicals.” The 2021 National Defense Authorization Act (NDAA) listed multiple follow-up provisions concerning PFAS pollution on military sites. The 2021 Appropriate Bills allocated millions of dollars towards funding PFAS research and cleanup. Congressional members of the PFAS Task Force outlined new goals under the Biden Administration that included: a national drinking standard for PFOA and PFOS, an expanded list of PFAS registered in the TRI, and a plan for phasing out non-essential uses of PFAS in consumer products. The EPA announced the development of a National Primary Drinking Water Regulation (NPDWR) for PFOA and PFOS and issued an Advanced Notice of Proposed Rulemaking to classify PFOA and PFOS as “hazardous substances” under the superfund law.
March: The DDW Tackles an Emerging PFAS––PFBS
On March 5th, the DDW (Division of Drinking Water) adopted new notification and response levels for an emerging PFAS––PFBS or perfluorobutane sulfonic acid. Since PFBS is the fourth most frequently detected PFAS in California’s waters, the state is interested in ensuring that PFBS levels fall within safe public health perimeters. The OEHHA (Office of Environmental Health Hazard Assessment) conducted a literature review that evaluated PFBS toxicity in humans and lab animals. The review concluded that higher concentrations of PFBS can decrease thyroid hormone production, impair cognitive development in children, and increase cardiovascular risk in adults. Given these findings, the DDW set new notification and response levels at 0.5 ppb (parts per billion) and 5 ppb respectively. PFBS may face stricter regulations in the future, if the EPA designates some PFAS as “hazardous substances” under the superfund law and adds PFBS to the superfund program. For now, California only monitors PFBS under the new notification and response levels. Babcock Labs currently reports PFBS at a reporting limit of 2ppt (parts per trillion), which is considerably lower than the advisory levels. Clients receiving EPA Method 537.1 analyses already have information regarding the detection of PFBS in their water.
April: SWB Reconvenes the CEC Ecosystem Panel
In April, the State Water Board (SWB) asked the Southern California Coastal Water Research Project to reconvene the CEC Ecosystem Panel. The panel was tasked with updating previous recommendations for monitoring CECs or Constituents of Emerging Concern. Since the panel’s last report in 2012, advances in cell-line assay and non-targeted analysis science have greatly enhanced CEC monitoring and testing capabilities. More data is also available about the prevalence and fate of CECs in the environment.
Over the last year, the panel held three web conferences and developed six main objectives for the updated recommendations report. Going forward, the State Water Board seems interested in addressing CECs as groups of contaminants, rather than focusing on single chemicals. Once the recommendations report is released, the State Water Board seems inclined to make modernizing the CEC monitoring programs a new priority.
May: Congress and States Take Action Against PFAS
Over twenty-five members of Congress introduced a PFAS Action Act to the House of Representatives in May. The act was proposed amid a flurry of PFAS-related bills being considered in 27 different states.
Inspired by the tide of state legislation, Congress’s federal PFAS Action Act outlined bold––if somewhat controversial––steps for addressing PFAS at the national level. The act would set a national drinking water standard for PFOA and PFOS, designate PFOA and PFOS as “hazardous substances” under the superfund law, place a moratorium on new PFAS, and create a voluntary label for PFAS in cookware, among other things. These far-reaching goals and deadlines caused some concern amid experts in the environmental testing industry. The rush to legislate arbitrary deadlines rather than follow the normal Maximum Contamination Level decision-making process could place undue burdens on the industry. Despite the concerns, many were heartened to see the federal government and states across the country taking concrete steps towards addressing an on-going public health issue.
The PFAS Action Act passed in the House over the summer, but is currently held in the Committee on Environment and Public Works.
June: Portantino Leads Effort to Manage CECs in CA
In an effort to fill the data gaps surrounding Constituents of Emerging Concern, Senator Portantino introduced Senate Bill Number 230 (SB 230) to California’s state legislature. The bill, which enjoyed wide support from water agencies, would grant the SWB the expertise and resources necessary to research CECs and develop testing methodologies.
Under SB 230, the SWB would establish a CEC Program, staff a CEC Science Advisory Panel, provide a dedicated program funding source, and facilitate public participation and input. Importantly, the Program would also provide funds for smaller water systems that may not have the resources to complete new CEC monitoring and testing. The bill also guarantees public participation opportunities and government transparency.
Despite wide support, the bill could not secure a reliable appropriations source. The Senate Committee on Appropriations noted that the cost of the CEC program would likely be borne by the Safe Drinking Water Account. This could, in turn, increase fees for drinking water permit holders and limit the Water Board’s ability to generate funds for other drinking water-related expenses. Because of these funding concerns, the bill is on hold in committee, but water districts anticipate that sponsors will revisit SB 230 this year.
July: SWB Blazing New Trail for Microplastic Research
California’s SWB is set to become the first government in the world to issue a standard testing methodology and preliminary health assessment for microplastics in drinking water. The rapid progress of the SWB partially stems from a 2018 law, SB 1422. The law mandated that the SWB release a regulatory definition of a microplastic by July 2019. Using this clear definition as a guideline, the bill further directed the SWB to develop a standard testing method, preliminary health assessment, laboratory accreditation process, and the framework for a four-year drinking water study—all by the Fall of 2021. The ambitious deadlines set forth by state legislators presented researchers with both unique challenges and unique opportunities. On one hand, scarcity of high-quality microplastics studies placed a heavy research onus on the SWB. On the other hand, the SWB is in the process of blazing a new trail in the field of microplastics.
Due to the challenges of the Covid-19 pandemic, the SWB pushed back their deadline to this March. In the meantime, water agencies in California are preparing for the SWB’s findings. And across the rest of the nation, other states are looking to California to provide a precedent for microplastic research and policies.
August: Babcock Opens Our New Microbiology Lab
On August 9th, Babcock Laboratories opened the doors to our new, state-of-the-art microbiology laboratory at our El Centro Service Center. The new lab can now provide clients with local analysis of time sensitive microbiology samples and allow more flexibility for sample delivery hours. We are thrilled at the opportunity to add to our local service capabilities and enhance our long-standing relationships with the people of the Imperial and Coachella Valleys.
Since Babcock was started as a small assay lab in Riverside, we have maintained a long tradition of adapting our services to meet the ever-changing needs of the communities we serve. We are proud to continue building upon that heritage of versatility, quality, and commitment with our new El Centro laboratory. We also know how important reliable and reputable laboratory services are to our clients and look forward to continuing to serve the region as we partner to protect the people and the environment in Imperial County.
September: Wildfires Rage Across California
The late summer and early fall of 2021 paired record-breaking heat waves with a statewide drought and culminated in another unprecedented fire season. This year’s biggest fire, the Dixie Fire, burned for two months and scorched over 900,000 acres of Northern California. It is now the second largest fire in state history--right behind the August Complex of 2020.
With the entire state experiencing drought conditions, California can ill afford contamination of existing water supplies due to the fires. But all too often, these massive blazes lower the quality of affected surface waters, increase the costs associated with water treatment, and diminish reservoir capacity. The Dixie Fire alone will likely impact water imported from the Sierra Nevada Mountains for years to come. The other dismal truth is that wildfires, especially massive “giga” fires that burn millions of acres, are not going away. Experts predict that, due to climate change, forest wildfires in Northern California, as well as Oregon and Washington, could increase 78% in area burned by 2050. Although the forecast for California’s wildfires and water supplies looks bleak, there is still time to invest in climate change resiliency for both wildfire prevention and water quality protection.
October: Stormwater Forecast May Exacerbate California’s Drought
Stormwater season is upon us, but this year may not see very many storms. NOAA, or the National Oceanic and Atmospheric Administration, confirmed that 2021 is facing another La Nina winter––which means more heat and less rain for much of California. The latest data predicts a 90% chance of La Nina conditions through the winter of 2021-2022 and a 50% chance of persisting conditions through the spring of 2022. That doesn’t bode well for California, which is experiencing moderate to severe drought conditions across the state. Another dry and warm winter could worsen next year’s fire season and exacerbate ongoing water supply challenges. Despite a lack of clouds on the horizon, it’s still a good idea to dust off your stormwater pollution prevention plans and permits. Although this year didn’t see any major changes to stormwater permitting, the SWB is finalizing their long-awaited new Construction General Permit (CGP) and hopes to adopt it in 2022.
November: Update on State and Federal PFAS Legislation
The ever-changing landscape of PFAS legislation continues to evolve as state and federal agencies work to address nationwide PFAS contamination. California Governor Gavin Newsom signed two major PFAS bills into law on October 5th—AB 1200 and AB 652. AB 1200, or the California Safer Food Packaging and Cookware Act of 2021, will prohibit the use of PFAS in food packaging by January 1, 2023. The law also mandates that cookware manufacturers disclose whether certain chemicals like PFAS are present in their products. A similar law, AB 625, will prohibit the manufacture, sale, or distribution of any new products that are designed for children and contain PFAS. Examples include: cribs, car seats, playmates, high chairs, and changing pads. AB 625 goes into effect on July 1, 2023.
Less than two weeks later, the EPA unveiled their PFAS Strategic Roadmap. The EPA’s key goals for addressing PFAS in water include establishing national drinking water standards for PFOA and PFOS by 2023, publishing health advisories for GenX and PFBS before the spring of this year, and expanding PFAS testing in drinking water as part of the 2023-2025 Unregulated Contaminant Monitoring Rule 5. The EPA also initiated the rulemaking process to include four PFAS as “Hazardous Constituents” under the Resource Conservation and Recovery Act (RCRA).
December: UMCR 5 and PFAS Follow-Up
In December, the agency published the final rule for the fifth Unregulated Contaminant Monitoring Rule (UMCR). UMCR is an important tool for gauging the prevalence and concentration of emerging contaminants in public water systems. For this testing cycle, the EPA has significantly expanded the number of small drinking water systems participating in the program. All public water systems serving 3,300 or more people and 800 smaller representative systems will be responsible for collecting samples from January 2023 through December 2025. Participants will be monitoring for 29 PFAS compounds, among other substances, in drinking water. The agency hopes that this expanded list will provide a clearer picture of the breadth and magnitude of PFAS pollution at the state and regional levels.
The EPA is not the only agency working to follow-up on PFAS; in late December, the Office of Environmental Health Hazard Assessment (OEHHA) designated PFOS as a carcinogen and PFNA as a male reproductive toxicant under Prop 65. Prop 65, or the California’s Safe Drinking Water and Toxic Enforcement Act of 1986, is intended to keep consumers aware of potentially cancer-causing agents in products. Any products with a chemical deemed to cause cancer or reproductive issues must have a “clear and reasonable” warning on the product label. The addition of PFOS and PFNA to the list exemplifies the state’s commitment to addressing PFAS in consumer products—and keeping those products out of landfills and water systems.
2021 was a busy year and we can expect 2022 to reflect many of the topics that dominated last year’s news. As we progress through the new year, Babcock Labs remains committed to providing our clients with the latest on industry events, challenges, and developments. We hope you enjoyed your holidays, and we welcome you to 2022!