MiMfg Magazine May 2020 | Page 14

14 MiMfg Magazine May 2020 less would subject regulators, drinking water systems and others to potential skepticism and lack of confidence in drinking water safety.” As SAW did not include a proper peer review phase in its process, MMA believed it essential to engage an expert review so as to properly and credibly inform our members of the soundness of the proposed rule set and also to provide SAW with a founda- tional peer review for ensuring the soundness of the final rules package. “We understand that Michigan has one chance to get it right, and there is a lot at stake — the confidence of our residents, the effectiveness of the regulations and the health of the state’s economy,” Greco explained. “Michigan cannot and should not find itself in such a position, especially in light of PFAS rule-related litigation and implementation delays being experienced in other states that have failed to properly underpin standards and account for costs.” Critical Shortcomings in State Report In the report, it was identified that the SAW recommendations used to establish the standard lacked the kind of robust scientific and technical integrity to fully complete the state’s goal. “It is in the best interest of Michigan, its manufacturing sector and the individuals and communities that rely on clean drinking water that the state follow the lead of the EPA when setting standards,” said Greco. “This ensures that those standards are scientifically credible and defensible, avoid overreach and prevent Michigan from losing economic competitiveness by finding itself out of step nationally or with other states.” MMA’s independent peer review identified five critical shortcomings in EGLE’s proposed rules: 1. Key studies were not referenced or discussed by the Science Advisory Workgroup (SAW) in its risk assessment calculations. 2. Significant data gaps and scientific uncertainty are evident in SAW’s calculations. 3. Curious conclusions and assumptions are evident in calculations for the HBVs. 4. SAW deviated from accepted standard practice when developing its MCLs. 5. An inadequate assessment of the compliance costs of the proposed rule that, ultimately, the public will bear, and this could weaken acceptance and support for the proposed criteria. “With this being the first instance in Michigan of pursuing an MCL ahead of EPA input, any proposed rules at the state level must be ‘regulation ready’ and that means providing necessary clarity, consistency and certainty,” said Johnston. “It also means that the state must rely on settled and established science as the foundation for developing regulatory standards and properly consider the significant costs such a rule could have on local communities, citizens and employers.” MMA’s Key Recommendations Based on the findings of the independent peer review, MMA advocates for four clear recommendations which, if implemented, would allow Michigan to be viewed as a credible leader in PFAS-related safe drinking water standards. Ensure public confidence in the process SAW should address and resolve any key scientific uncertainties and shortcomings that have been identified during the public comment period and subsequent to the development of proposed rules. MMA trusts that the peer review information provided in the report will assist EGLE in addressing some of the information gaps and questions that remain. “As the EPA has historically developed MCLs, it remains best equipped in both resources and expertise to address these complex public health questions,” said Greco. “The EPA remains engaged in addressing the PFAS issue and, in order to best ensure public confidence and the protection of human health, the state should consult and incorporate research conducted by the EPA and others to enable Michigan to access critical new findings as PFAS science evolves.” Rely on settled science to develop MCLs Michigan should rely upon universally settled science when developing MCLs and ensure that Michigan is using a scientific community-consensus database. EGLE refrained in this rule set and should continue to refrain from developing MCLs on a class basis due to the unique and varying effects of different PFAS constituents. As the body of scientific knowledge on exposure continues to grow, Michigan should reassess its previous determinations, consider adding or removing other individual PFAS constituents or modify the compliance requirements. “There is a significant lack of settled science on PFAS. Among both scientists and governments, there is still considerable debate about what constitutes safe dose exposure,” Johnston explained. “Our commissioned report identified a 500-fold difference in projected safe dose levels between Australia’s 160 parts-per-trillion (ppt) and the safe dose level of 1,500 ppt in the UK.” Recognizing and understanding that the SAW had a more than 40,000-fold difference in safe doses based on the different PFAS constituents, EGLE should not use SAW’s proposed levels as an automatic trigger for a point of violation as is proposed in the draft rule set. Rather, MMA has continued to present an