Drought raises concerns of PFAS contamination in drinking water
CONCORD — With parts of the state in a drought and following new legislation reducing contaminant levels for PFAS chemicals in drinking water, concerns are rising that public water systems will need to draw from contaminated wells that exceed new standards to meet demand.
Newly passed House Bill 1264 set new maximum containment levels for four PFAS chemicals. These chemicals are PFOA with a MCL of 12 parts per trillion; PFOS with a MCL of 15 ppt; PFHxS with a MCL of 18 ppt, and PFNA with a MCL of 11 ppt.
Human consumption of PFAS chemicals is linked to a number of negative health effects, including cancer, liver damage, decreased fertility and increased risk of asthma and thyroid disease, among others according to a recent Centers for Disease Control and Prevention review.
PFAS are man-made chemicals used in products worldwide since the 1940s, including firefighting foam, non-stick cookware and water-repellent fabrics. They also have a range of applications in the aerospace, aviation, automotive and electronics industries, among others.
In 2019, the state Department of Environmental Services set rules lowering MCLs for several PFAS chemicals, including PFOS and PFOA, in public water systems. The move was met with a lawsuit by 3M, makers of many PFAS chemicals, and several local stakeholders including municipalities. They argued the standards amount to an unconstitutional unfunded mandate.
Prior to the lawsuit, DES identified 1,600 water systems that required PFAS testing but was only able to test 1,000 before a judge ordered a halt to testing in the 3M case. Of the systems tested, 7% were found to have exceeded the new MCLs, which include public wells in Dover, Portsmouth and Hampton, some of which were taken offline or treated, like Portsmouth’s Haven, Smith and Harrison wells at Pease International Tradeport.
“What we did was back into the new MCLs,” said Mindi Messmer of Rye, an environmental scientist and Democratic candidate for the District 3 seat on the Executive Council. “We said here are the contamination levels we know cause problems and went down from there.”
As of July 28, much of southern New Hampshire is facing “moderate drought” conditions, according to the U.S. Drought Monitor. Currently. More than 60 public water systems in Rockingham and Strafford counties are under mandatory or voluntary restricted water-use orders as of Thursday, according to DES.
Messmer, a former state representative and member of the state Drinking Water Commission, said the combination of lower PFAS MCLs and drought conditions forcing potentially contaminated public well systems to be activated to meet demand means regulatory scrutiny must be paid to these wells.
“We don’t want any PFAS in our drinking water,” Messmer said. “Scientists don’t see a limit at which there are no adverse health effects from PFAS exposure.”
In response to Messmer’s questioning during the July 30 state Drinking Water Commission meeting, Brandon Kernen, of the DES Drinking Water Protection Program, said all sources for public water systems must be tested so the public knows the concentrations from each source.
“If someone committed to blending a well to address contamination, and that’s done for arsenic, it could be PFAS,” Kernen said July 30. “They have to commit to operating that blend in a consistent way.”
DES spokesman James Martin said water systems that detected PFAS are tested quarterly until four quarters of sampling is completed. He said blended sources must operate simultaneously or automatically alternate so the samples are representative of the water being consumed by the public.
“It is important to note that NHDES is not aware of any instance of a water system proposing to mix a highly contaminated well to treat for a PFAS exceedance,” Martin said. “A defined ‘blend’ is not allowed if any individual source exceeds an MCL. If two or more sources can be mixed to treat for an MCL exceedance it is considered treatment and called a ‘flow mix.’”
State Rep. Renny Cushing D-Hampton, a member of the Drinking Water Commission, said given the drought, he understands the need for water systems to blend their wells. He said he was confident in DES’ ability to discover high exceedances of the MCLs from various sources before widespread public distribution
“I recognize we’re in an emergency situation and this is a stop-gap measure, but I’m hopeful we’ll get to the point where we’re cleaning the wells, so we don’t have to do this in the future,” Cushing said.
HB 1264 includes a $50 million revolving loan fund for municipalities and water systems to upgrade their drinking water infrastructure to treat PFAS contamination under the new MCLs.
Martin said costs are “highly variable” depending on the various upgrades public water systems may require. He said DES is working rapidly to develop rules and procedures to evaluate how to prioritize which water system upgrades are given funding through HB 1264, adding drinking water sources where PFAS is present are of critical importance.
“Some systems have alternative sources of water that may be utilized,” Martin said. “Others may need to construct new treatment systems and buildings or develop alternative sources. A new treatment system for a large capacity well could cost $5 (million) to $10 million.”
Cushing called HB 1264 landmark legislation to regulate PFAS contamination levels but lamented the fact testing of bottled water sold in stores was not part of the bill.
“A number of environmental groups are excited about the example New Hampshire is setting with its PFAS standards,” Cushing said. “The bottled water testing is the one piece of PFAS legislation I wish made it into this year’s bill.”