May 2020
W
ater is crucial to Michigan’s identity. So much
of the state’s rich history is based on the water
that surrounds it. For transportation of raw materials
and finished products, as a natural resource itself and
vacation destination for tourists from around the globe,
the safety and sustainability of our water should be an
integral part of any Michigan policy or regulation.
With emerging environmental and public health
science relating to per- and polyfluoroalkyl substances
(PFAS) in drinking water continuing to evolve, the
Michigan Department of Environment, Great Lakes,
and Energy (EGLE) PFAS Science Advisory Workgroup
(SAW) was tasked by the Governor to create effective
and enforceable rules in an uncertain environment.
As a result, EGLE now is proposing a Michigan-
specific drinking water standard for PFAS stricter
than the federal advisory.
MMA commends every effort being made to
prioritize human health and safety, and agrees that
safe drinking water and trust in drinking water supplies
are paramount. However, substantial questions remain
about the process for implementing new proposed
drinking water standards. The longer these questions
remain unanswered and the closer the proposed rule
set gets to completion, the harder it will be for Michigan
to undo potential damage to our long-term economic
success, the competitiveness of our manufacturing sector
and, indeed, to the health and safety of our people.
“As proposed, the PFAS standard for public
drinking water supplies currently lacks the kind
of science and process integrity necessary for
defensibility, compliance and affordability, and it
could threaten Michigan’s economic competitiveness
by being out of step with federal and other state
PFAS standards for community drinking water
supplies,” said Mike Johnston, MMA vice president
of government affairs. “MMA is encouraging a
resolution of these scientific shortcomings before
finalizing new standards.”
Time is running out for changes to be made. As
recently as 3/16/20, EGLE submitted the proposed
rule set to the Legislature’s Joint Committee on
Administrative Rules (JCAR). From there, JCAR
has 15 session days to review the rule set, which
tentatively establishes 5/12/20 as the final day JCAR
has the rule set before the rules are promulgated.
The proposed rule set would:
• Establish a sampling requirement at every entry
point to the distribution system.
• Modify existing reporting requirements to
require PFAS sampling be included.
• Develop Maximum Containment Levels for six
PFAS compounds, the lowest being 6 PPT for
PFNA. PFOA and PFOS are 8 and 16, respectively,
almost 10-fold lower than the Federal EPA
advisory levels.
MiMfg Magazine
• Require public notification if in noncompliance.
• Require new, costly treatment technology if
exceedances are found.
“MMA continues to stand at the forefront of an
effort to enact the standards that neither endanger
the health of our people nor the competitiveness of
its innovators and entrepreneurs,” said Johnston.
“For the better part of two years, the MMA PFAS
Work Group has worked tirelessly to provide a
response to these rules, offer input and devise
commonsense strategies for moving forward on a
proper PFAS standard.”
In late 2019, the Association commissioned an
independent, technical peer review of the proposed
rules and offered public and formal written comment
in January 2020.
MMA continues to highlight the concerns raised
as a result of this review; concerns which were not
addressed by EGLE or SAW or asked to be resolved
by Michigan’s Environmental Rules Review Committee
(ERRC). Issues including the scientific and technical
credibility of proposed rules, the ability of municipalities
and their customers to afford adherence with them
and Michigan’s overall economic competitiveness
when regulations such as these are not aligned with
federal and surrounding state standards are all
critical questions that deserve answers before rule
implementation makes a fix nearly impossible.
MMA’s Independent Peer-Review Study
On 1/30/20, Dr. Michael L. Dourson, Dr.
Edward J. Calabrese and Mr. Richard J. Welsh
provided a report commissioned by MMA titled
Independent Technical Review of the Health-Based
Drinking Water Value Recommendations for PFAS in
Michigan to offer technical comments on the SAW
recommendations to EGLE that were used to
establish the health-based drinking water values
(HBVs) for PFAS. Since this was the first time that
Michigan had established a Maximum Contaminant
Level (MCL) without one first being established by
the EPA, MMA’s objective was to see that Michigan
implemented a sustainable and defensible regulation.
(see bios of the report’s authors on page 16.)
While the work of SAW is considerable and
significant, an obvious weakness is the absence of a
robust peer review as part of the SAW rule development
process. A robust, properly credentialed peer review
protocol is required practice for the EPA when it
establishes an MCL, and Michigan should follow
this example in some credible manner.
“The public’s confidence is achieved by ensuring
the integrity and soundness of the process and
information used as the solid foundation for
setting safety standards,” said Dave Greco,
MMA director of regulatory affairs. “Anything
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