Per- and Polyfluoroalkyl Substances (PFAS)

What's New?

  • Gov. Justice signed the PFAS Protection Act (HB 3189) during the 2023 Legislative session, which requires the WVDEP to identify and address PFAS sources in raw-water by developing PFAS action plans, and improves reporting requirements related to PFAS for specific facilities.

  • The U.S. Environmental Protection Agency (EPA) has proposed to regulate certain PFAS compounds, PFOA and PFOS, at a Maximum Contaminant Level (MCL) of 4 parts per trillion, require public water systems to regulate and monitor for certain PFAS compounds, and notify consumers and reduce PFAS levels if they exceed the regulatory standards. EPA expects to finalize this rule by the end of 2023.

  • As a proactive measure, the West Virginia Department of Health and Human Resources (DHHR) and WVDEP contracted the U.S. Geological Service (USGS) to sample the finished drinking water of 37 public water systems previously identified as having certain PFAS compounds in their raw-water source. Twenty-seven public water systems were found to have detectable levels of select PFAS compounds in their finished drinking water, 19 of which had detections above at least one of the EPA's proposed regulatory standards.

  • DHHR's Bureau for Public Health and WVDEP are currently engaging with these 27 systems through a working group formed in March 2023 to evaluate treatment processes and best approaches to removing these compounds from finished water, as well as identify funding options to minimize the burden on customers.

  • West Virginia will receive $18.9 million in federal funding over two years to address emerging contaminants like PFAS in drinking water. That funding can be used for a wide range of activities, including research and testing, treatment, source water activities, restructuring, consolidating, or creating water systems, and technical assistance.

PFAS Testing for Private Wells

The WVDEP is aware of concerns that private well owners may have regarding PFAS in their water supplies. Currently, monitoring private water supplies is not within West Virginia’s regulatory jurisdiction. Although the WVDEP cannot regulate testing of private water supplies, it is recommended that private well owners test their water supplies annually or anytime contamination is suspected.

Resources


What are PFAS?

Per- and polyfluoroalkyl substances (PFAS) are a group of man-made chemicals that have been used in a variety of industries around the world since the 1940s. They include Perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), which have been the most extensively produced and studied of these chemicals.

Both PFOA and PFOS have been shown to be persistent in the human body, and PFAS is estimated to be present in the blood of almost all U.S. residents.

PFAS have been used to make cookware, carpets, clothing, fabrics for furniture, paper packaging for food, and other materials that are resistant to water, grease, and stains. They are also used in firefighting foams and several industrial processes.

While drinking water is the primary pathway of exposure to PFAS, they can also be present in soil, air, food, and materials found in homes and workplaces.


What are the Health Risks Associated with PFAS?

According to the EPA, there is evidence that exposure to PFAS can lead to adverse health outcomes in humans. Studies indicate that PFOA and PFOS can cause reproductive and developmental, liver and kidney, and immunological effects in laboratory animals and humans. There is also evidence of increased cancer risks from exposure to PFOA.

The Center for Disease Control and Prevention’s (CDC) Agency for Toxic Substances and Disease Registry (ATSDR) is still learning about the health effects of exposure to individual compounds and mixtures of different PFAS.

After reviewing and evaluating toxicological studies, EPA issued updated drinking water Health Advisory Levels (HALs) for four (4) PFAS on June 15, 2022. These advisories indicate the level of drinking water contamination below which adverse health effects are not expected to occur. The advisories are non-enforceable and non-regulatory; however, they provide technical information to state agencies and other public health officials on health effects, analytical methods, and treatment technologies associated with drinking water contamination.

  • Interim HAL for PFOA: 0.004 parts per trillion (ppt)

  • Interim HAL for PFOS: 0.02 ppt

  • Final HAL for GenX (replacement for PFOA): 10 ppt

  • Final HAL for PFBS (replacement for PFOA): 2,000 ppt

The new HALs are currently below the detection limits for all testing methods approved by the EPA. The WVDEP is carefully monitoring this new development and is working with the EPA on how to address drinking water sources with known exceedances of the new HALs.


What is West Virginia Doing About PFAS?

Interagency PFAS Work Group

A West Virginia PFAS Work Group was convened in 2019, consisting of members from the WVDEP, DHHR, WVDNR, and the USGS, with the goal of determining the best path forward for studying PFAS. This collaborative working group meets quarterly to share developing news on these emerging contaminants, discuss PFAS investigation activities in the State, evaluate any recently produced data, determine State needs and action plans based on these updates (including implementation of federal regulations).

Statewide PFAS Sampling in Public Source-Water Supplies

During the 2020 Legislative Session, the West Virginia Legislature passed Senate Concurrent Resolution 46 (SCR46) requesting the WVDEP and the DHHR to cooperatively propose and initiate a public source-water supply study to sample PFAS for all community water systems in West Virginia, including schools and daycares that operate treatment systems regulated by the DHHR.

The WVDEP and the DHHR contracted with the USGS to conduct sampling of pre-treated drinking water for 26 PFAS compounds in all public water systems and 27 schools/daycares. Sampling began in June 2020 and concluded in May 2021. The final report was published in July 2022.


Legislation

2021

HB2722 amended the Fire Prevention and Control Act, limiting the use of firefighting foam containing PFAS. Effect July 1, 2021, this legislation prohibits use of class B firefighting foam that contains intentionally added PFAS chemicals unless (1) the discharge or other use occurs in fire prevention or in response to an emergency firefighting operation or (2) the discharge or other use is for training or testing purposes which occurs at a facility that has implemented containment, storage, treatment, and disposal measures to prevent uncontrolled releases of such class B firefighting foam into the environment.

HB2722 also authorized the State Fire Commission to develop and implement rules pertaining to standard safe practices for the discharge or otherwise use of class B firefighting foam that contains intentionally added PFAS. The State Fire Commission filed W.Va. Legislative Rule 87CSR14 (Use of Aqueous Film-Forming Foam (AFFF) for Fire Training Program Purposes) on May 5, 2022, with an effective date of August 1, 2022.

2023

Gov. Justice signed the PFAS Protection Act (HB 3189) during the 2023 Legislative session, which requires the WVDEP to identify and address PFAS sources in raw-water by developing PFAS action plans, and improves reporting requirements related to PFAS for specific facilities.


Site Investigations

Through its Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or more commonly referred to as the “Superfund” law) Program, WVDEP coordinates with EPA and the U.S. Department of Defense to investigate sites with known or suspected contamination.

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Next Steps

West Virginia has identified areas with PFAS compounds in raw water and sampled the finished water at the 37 sites that had the highest PFOA and PFOS detections in the raw water. The State is working with public water systems with detectable levels of select PFAS compounds in their finished water to evaluate treatment processes and best approaches to removing these compounds, as well as identify funding options to minimize the burden on customers.

Technologies have been proven to reduce PFAS in drinking water to very low levels, such as activated carbon, anion exchange, and high-pressure membranes, and the best approach may vary from one water system to the next. West Virginia will receive $18.9 million in federal funding over two years to address emerging contaminants like PFAS in drinking water. That funding can be used for a wide range of activities, including research and testing, treatment, source water activities, restructuring, consolidating, or creating water systems, and technical assistance.

WVDEP and DHHR will also be initiating finished water sampling at 100 additional sites that had detections in the raw water and developing PFAS action plans to identify and address sources of PFAS, pursuant to HB 3189.

The WVDEP will continue to review all new and relevant information as it becomes available to help protect human health and the environment.


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