By Matt Stone, General Manager, SCV Water; Patrick Versluis, Director of Water Quality, Orange County Water District; and Christine Carson, Partner, Aleshire & Wynder, LLP
PFAS (per and poly fluoroalkyl substances) are man-made chemicals used for decades to make many products ranging from Teflon® to fire-fighting foam. They are now found widely in the environment, including many groundwater sources. As state and federal agencies establish new drinking water standards for PFAS, local agencies are taking wells out of service and adding treatment systems to remove PFAS.
On April 10, 2024, the United States Environmental Protection Agency (EPA) issued a final National Primary Drinking Water Regulation (NPDWR) for six PFAS Chemicals. The limit will be 4 parts per trillion (ppt) for PFOA (perfluorooctanoic acid) and PFOS (perfluorooctanesulfonic acid), two of the most regulated PFAS. The EPA will also issue final regulations designating PFOA and PFOS as hazardous chemicals under the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA). Given that water systems do not manufacture PFAS, they have asked Congress to pass the Water Systems PFAS Liability Protection Act, which would uphold CERCLA’s polluter-pays principle and exempt systems that passively receive PFAS from liability.
California Notification Levels are currently set at 5.1 ppt for PFOA; 6.5 ppt for PFOS; 500 ppt for Perfluorobutane sulfonic acid (PFBS); and 3 ppt for Perfluorohexane sulfonic acid (PFHxS). Response Levels are currently 10 ppt for PFOA; 40 ppt for PFOS; 5000 ppt for PFBS; and 20 ppt for PFHxS. Considering these developments, this article provides examples of how two agencies are addressing PFAS.
The Orange County Water District (OCWD) manages the Orange County Groundwater Basin underlying north and central Orange County. The basin currently provides up to 85% of the drinking water supply for 19 cities and retail districts serving 2.5 million residents. More than 100 out of the 200 retail agencies’ wells are expected to require treatment. This loss of wells imposes a significant financial burden on water agencies. Local groundwater is about half the cost of imported water. OCWD and its retailers expect to spend approximately $1.8 billion on capital and operating costs and interim replacement water over the next 30 years addressing PFAS.
Despite playing no role in releasing PFAS, OCWD is working with its impacted retailers to remove it from local supplies. The district’s PFAS treatment policy commits OCWD to funding 100% of the capital expenses for PFAS treatment systems. Upon completion of construction, ownership is transferred to the retail agencies with an operational commitment, with operations and maintenance (O&M) costs split equally between the retailer and OCWD. OCWD is also advocating to legislators for more funding, holding polluters accountable, and gaining an exemption from liability for PFAS clean-up. OCWD is prepared to address additional wells to be impacted by EPA’s adoption of a NPDWR for PFAS, which will trigger a three-year compliance period for most suppliers.
Santa Clarita Valley Water Agency (SCV Water), serves 300,000 customers in the Santa Clarita Valley and is working to restore PFAS-impacted wells by installing ion exchange resin-based treatment. Groundwater makes up about half of the community’s water supply. Based on the current Response Levels, more than 20 wells have been taken offline. Treatment systems will also need to meet pending Federal standards finalized in 2024. SCV Water estimates it could spend up to $200 million in capital costs and annual operating costs estimated at $10+ million to treat PFAS.
SCV Water formed a strike team of staff from operations, engineering, water quality, water resources, environmental planning, public information, and finance, for a comprehensive strategy addressing PFAS.
Initial steps included an assessment of PFAS levels in wells and bench scale testing of treatment media. The team also evaluated the relative ease or difficulty of sighting, permitting, and constructing treatment systems at various locations. This led to a triaged, prioritized response plan, and a list of treatment projects, interconnections, and system modifications. SCV Water invested in laboratory equipment and certification, enabling the in-house analysis of water samples for PFAS. This has reduced sample costs and the time from collection to analysis of results.
Two projects are operational. A third is nearing completion, and the contract for a fourth will be awarded shortly. In total, these projects will bring nine wells, providing up to 20,800 acre-feet of water supply back online while removing PFAS chemicals. Additional projects are in the design or planning stages.
OCWD joined a lawsuit against manufacturers of PFAS, and SCV Water joined PFAS class action lawsuits, the settlements of which could cover a portion of costs. SCV Water has also obtained some project funding through State or Federal grants. However, without an increase in grant funding, the bulk of capital and operating costs will impact ratepayers.
To learn more from these authors on this subject, access CSDA webinars “A Legislative, Legal & Local Response to PFAS 2024” available from CSDA’s On-Demand Webinar library at https://members.csda.net/ondemand.