DEP Finally Takes Action to Protect Drinking Water

Stronger Standards on PFNA and 1,2,3-TCP

The DEP will have a public hearing today on their proposal to amend the New Jersey Safe Drinking Water Act (SDWA) rules to change the drinking water standards for perfluorononanoic acid (PFNA) of 0.013 micrograms per liter (µg/l) and an MCL for 1,2,3-trichloropropane (1,2,3-TCP) of 0.030 µg/l. The DEP has delayed implementation of these important standards, even though they had the Drinking Water Quality Institute’s data all along. 1, 2, 3-TCP has been used as a solvent, cleaning & degreasing agent and could be found in paint, removers, and pesticides (as an impurity). Exposure by inhalation, skin contact, or ingestion can be harmful to health. The public hearing will take place at 1:00 P.M. at the DEP Public Hearing Room on 401 East State Street Trenton, NJ 08625.

“It is important DEP is finally taking action to protect our drinking water. This is the first time they are setting stricter standards to protect public health. The problem is these stricter standards should have been put in place 8 years ago. New standards for PFNA and 1,2,3- TCP were recommended by the Drinking Water Quality Institute in 2009. It is important that we have these far-reaching drinking water standards, but people have been put at risk from the Christie Administration’s delay to adopt them. PFNA is an endocrine disrupter that has been linked to some cancers in humans and to reproductive and developmental problems in animals. It has been pervasive in many New Jersey public water systems. 1,2,3- TCP is a known carcinogen that has also been found in our water,” said Jeff Tittel, New Jersey Sierra Club Director. “Instead of acting on the science they had for all of these years, the Governor cared more about polluters than clean water.”

The proposal includes a maximum contaminant level (MCL) of 0.013 micrograms per liter (µg/l) for Perfluorononanoic Acid (PFNA). A study by the DWQI released in April 2015 found the chemical in 2.5 percent of the public water systems tested was at levels that exceeded the guidance standard. That compared with just 0.2 percent nationwide. Another study found PFNA and related chemicals in 67 percent of 31 municipal systems tested in 20 counties during 2009 and 2010. PFNA levels seven times the newly proposed standard was found near the South Jersey town of Paulsboro where Solvay Specialty Polymers manufactured the chemical between 1985 and 2010.

“New Jersey is setting very strong standards for these chemicals, which is one of the best in the nation. The problem is DEP should have moved more quickly to adopt it with emergency rule making. DEP has even had the science about chemicals in our drinking water and the need to expand testing, Governor Christie vetoed a bill to require DEP set stricter standards. This is because the Christie Administration has been more concerned with polluters than protecting people’s health,” said Jeff Tittel. “When agencies do not meet or boards like the Science Advisory Board Agency are stacked with polluters, it has impacts all of us.  As long as we ignore science and do not set standards for polluters, chemical companies are not held accountable. We are glad that they finally listened on PFNA, but now we need them to take action on 15 other chemicals like Perchlorate, Radon-222, Benzene, DCPA, chromium and arsenic so it could take years. That is why we need legislation to force the DEP to adopt the DWQI’s recommendations.”

The Governor did the real damage on clean water protections when he first came into office and issued Executive Order 2. This called for no rules stricter than federal standards which would impact the regulation of these compounds in our water.  For example, he froze and then rescinded the standard for perchlorate. The Institute was also working on standards for PFNA, PFC, chromium and arsenic, but the DEP has failed to act on some of their recommendations. New Jersey law requires a one in a million drinking water standard for cancer while the federal limit is one in 10,000 to one in 100,000 depending on the chemical.  The Christie administration has not adopted any new standards while in office.

“The longer we wait to develop stricter standards, the more people’s health is at risk. By failing to meet over the past few years, the Institute has actually given the Christie Administration cover for not updating standards for drinking water. Since we have clearly fallen behind, that is why it is critical that we expand testing and set new standards because it may take a year or more to adopt them,” said Jeff Tittel. “Before the Christie Administration, the Drinking Water Quality Institute received awards in the past for the work they have done not only saving thousands of lives, but millions of dollars. However, under Governor Christie the DEP has not even adopted a single standard in seven years. As a result, everyday people throughout the state are drinking all kinds of toxic compounds.”

The Institute is responsible for setting the standards of acceptable limits for toxins and carcinogens in our drinking water. They look at health based risk assessment to ensure that the water we drink is safe. Before the Christie Administration, the Institute received awards in the past for the work they have done not only saving thousands of lives, but millions of dollars. In the latest years, the Institute has been stacked with Christie supporters who don’t do their job.

“Now that the DEP has set these two standards, they must now set standards for more than a dozen other toxic chemicals. By ignoring and withholding the science, the DEP has clearly sided with polluters and chemical companies over the people of New Jersey. Given all of the Christie Administration’s delays, we are concerned we may have to wait for more water protections until the next Governor,” said Jeff Tittel, New Jersey Sierra Club Director. “The problem is the more we wait the more people are drinking contaminated water. This is an embarrassment not only to the State of New Jersey, but the people who care about protecting our drinking water.”

The Department of Environmental Protection (Department) encourages electronic submittal of comments. In the alternative, comments may be submitted on paper to: Ryan H. Knapick, Esq. Attn: DEP Docket Number: 13-17-06 Office of Legal Affairs Department of Environmental Protection 401 East State Street, 7th Floor Mail Code 401-04L PO Box 402. Comments can be submitted by October 6, 2017, electronically at http://www.nj.gov/dep/rules/comments