Local drinking water in compliance with strict new limits placed on some forever chemicals

Apr. 12—After the Environmental Protection Agency on Wednesday announced a legally enforceable drinking water standard placing strict limits on PFAS, also known as "forever chemicals," Decatur Utilities and West Morgan-East Lawrence Water and Sewer Authority said their water is already in compliance with the new rule.

PFAS, short for per-and polyfluoroalkyl substances, is an umbrella term for a category of chemicals used since the 1940s to manufacture products like nonstick cookware and waterproof clothing, as the chemicals repel water and resist heat and degradation.

Because of their inherent resilience, PFAS chemicals persist in the environment indefinitely and can accumulate in the tissue of animals and humans. Exposure "has been linked to deadly cancers, impacts to the liver and heart, and immune and developmental damage to infants and children," according to the EPA.

The new standard sets a maximum contamination level for two common types of PFAS — PFOA and PFOS — at 4 parts per trillion (PPT). "This will reduce exposure from these PFAS in our drinking water to the lowest levels that are feasible for effective implementation," according to the EPA.

Three other types of PFAS chemicals, including HFPO-DA (GenX), a fluoropolymer made without PFOA, were limited to 10 PPT under the new standard, and additional limits were placed on combining two or more of some PFAS chemicals.

"Within five years, Decatur Utilities and other systems will be required to have PFAS levels that are below the final enforceable levels listed above," DU said in a press release. "For the past seven quarters reported, DU drinking water test results have been below the new maximum contaminant levels."

In January, for example, DU water sampling showed PFOA at 1.91 PPT and PFOS at 2.22 PPT, according to data shared by DU.

"Because of our long history of proactively addressing PFAS contamination in our drinking water sources, our customers do not need to be concerned about WMEL's water meeting the new EPA standards," said WMEL general manager Jeaniece Slater.

WMEL built a $30 million reverse osmosis water treatment facility in 2021 with proceeds from a 2019 PFAS settlement with 3M Co. WMEL alleged that PFAS had entered the Tennessee River by way of landfill leachate, groundwater and runoff and contaminated drinking water.

"Reverse osmosis is considered the best technology available for treating PFAS," Slater said Thursday. "Since the plant began operating, WMEL's water has been regularly tested for PFAS and found to have non-detection levels of these chemicals, meeting the new standards."

In a $98.4 million settlement with the city of Decatur, Morgan County and Decatur Utilities in 2021, 3M agreed to take the title to the 25-acre Aquadome property and pay the city $35 million for a new recreation center. In 2020, Decatur City Schools sold the former Brookhaven Middle School to 3M for $1.25 million, settling claims by DCS that the company contaminated the property.

According to lawsuits filed this year alleging illnesses caused by environmental PFAS exposure, PFAS has been discharged into the Tennessee River and surrounding environment for decades, beginning in 1961 with 3M. And, while the new standard targets a handful of PFAS chemicals, environmental activists say there are thousands more.

"This continues the regulatory whack-a-mole approach of the government trying to address these chemicals one at a time, rather than the whole family of chemicals," said David Whiteside, the founder of Tennessee Riverkeeper, a nonprofit aimed at protecting the river.

3M phased out the manufacturing of PFOA and PFOS in 2002. On Thursday, 3M spokesman Grant Thompson said the company no longer produces any of the five chemicals limited by EPA's new rules.

"We announced in 2022 that we would exit all PFAS manufacturing by the end of 2025 and are on schedule, having reduced PFAS manufacturing volumes by more than 20%," he said. The company doesn't anticipate that the new standard will impact their manufacturing operations.

Since companies that rely or previously relied on PFOA or PFOS chemicals in manufacturing must presumably secure replacement chemicals with similar properties, such as GenX chemicals, Whiteside said it's common for manufacturers to "move the molecule chains around slightly to make a new chemical that is not yet banned to skirt regulations, but that chemical is often almost identical to the banned chemical and will have the same performance properties."

"What we are seeing in public health studies is it will often have the same characteristics in terms of the ability to hurt public health," he said. "Tennessee Riverkeeper believes it's safe to assume that the majority of PFAS chemicals, and byproducts and precursors related to PFAS chemicals, can be presumed to be dangerous to public health."

Whiteside added that he personally goes to great lengths to avoid drinking tap water in Decatur, though he conceded that a maximum contaminant level of 4 PPT is "fairly low."

M. Lynn Battle, chief of external affairs for the Alabama Department of Environmental Management (ADEM), welcomed EPA's new rule.

"These new standards eliminate the uncertainty associated with the non-regulatory health advisories and give public water utilities a clear mandate for reducing the concentration of these substances in drinking water," Battle said in a statement.

ADEM has been a "leader" in addressing "the PFAS problem" through testing drinking water, monitoring wastewater and cleaning up contaminated areas, according to the statement.

"Since 2020, ADEM has required drinking water systems in the state to test for the presence of PFAS in drinking water and provided assistance to systems when needed to help them remediate problems," Battle said. "ADEM's 2020 interim consent order with 3M requires the company to take steps to address PFAS at its plant in Decatur as well as dump sites in north Alabama. This has resulted in significant reductions of PFAS in those areas."

ADEM is providing financial assistance to water systems to help address PFAS contamination.

"With funding from the State Revolving Fund (SRF) and Bipartisan Infrastructure Law (BIL), ADEM is providing more than $127 million to assist water systems with PFAS, including systems in small or disadvantaged communities," Battle said.

As part of the Biden administration's Investing in America initiative, the EPA also announced $1 billion in newly available funding to help states and territories implement PFAS testing and treatment. This is part of a $9 billion investment through the Bipartisan Infrastructure Law aimed at helping communities impacted by PFAS contamination.

"Unfortunately, $9 billion may seem like a lot of money, but it is not enough to cover the costs of water treatment to remove PFAS from municipal water supplies," said Whiteside. "Nationwide, the estimated costs of cleanup efforts from 3M and Dupont alone exceed $9 billion."

Whiteside said 3M still has a long way to go to clean up north Alabama and repair the environment after a legacy of PFAS contamination. He recommends local residents learn more about water filtration.

"Ultimately, I think one of the final victories will be when the fish are safe to eat in north Alabama," he said. "Unfortunately, the right to go catch a fish and take it home and feed it to our family in north Alabama has largely been stolen from Americans by 3M."

Several miles of Wheeler Reservoir in Morgan and Limestone counties are under an Alabama Department of Public Health fish advisory due to PFOS contamination

Whiteside said he's heard from area whistleblowers and experts over the decades that manufacturers have tried to minimize water pollution in favor of discharging waste into the air, "because there's less likelihood they can get caught with air discharges."

"In terms of public health, that's a lot more frightening to me, because, as citizens, we can try to filter our water. There are ways to not drink the water. There are zero ways to not breathe the air."

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— david.gambino@decaturdaily.com or 256-340-2438.