Government Affairs Office 1300 Eye Street NW Suite 701W Washington, DC 20005-3314 T 202.628.8303 F 202.628.2846 November 21, 2017 OPP Docket Environmental Protection Agency Docket Center (EPA/DC) Mail Code (28221T) 1200 Pennsylvania Ave. NW Washington, DC 20460‐0001 RE: Registration Review Proposed Interim Decisions for Several Pesticides; Notice of Availability; Sodium, Calcium, and Potassium Hypochlorites, Case Numbers 0029, 5076. Docket ID# EPA–HQ–OPP–2012–0004 and EPA–HQ–OPP–2014–0157 Dear Ms. Bailey, The American Water Works Association would like to thank the U.S. Environmental Protection Agency for the opportunity to comment on the Agency’s proposed Interim Decision regarding Case Numbers 0029 and 5076. AWWA reviewed the proposed interim decision and offers the following recommendations: It is appropriate for EPA to take this interim decision using the available data. The Federal Insecticide Fungicide and Rodenticide Act (FIFRA) label requirements for hypochlorites must not interfere with application of disinfectants as required and currently implemented under the Safe Drinking Water Act. The proposed product label precautionary statements are sound and provide a mechanism to reduce the formation of chlorate and perchlorate contamination in hypochlorite solutions used to disinfect drinking water. Specific comments on the proposed interim decision are described below: Reconciling SDWA and FIFRA Chlorine Residual Requirements The interim decision points out FIFRA label language for hypochlorite use that is at odds with drinking water disinfection requirements under the Safe Drinking Water Act. “In 1998, pursuant to the Safe Drinking Water Act, EPA’s Office of Water set a Maximum Residual Disinfectant Level Goal (MRDLG) of 4 mg/L and a Maximum Residual Disinfectant Level (MRDL) of 4 mg/L for chlorine based on a running annual mean for all measurements taken in the distribution system. OPP is aware that utility companies may be using Docket ID# EPA–HQ–OPP–2012–0004 and EPA–HQ–OPP–2014–0157 November 21, 2017 Page 2 hypochlorite at higher rates than what pesticide labels permit, but within the MRDL limit. Where chlorine products are being used by utilities at higher concentrations than the label rate range, registrants of those products need to contact OPP and submit label amendments and any appropriate data in order to ensure that hypochlorite users are in full compliance.”1 Comments: 1. During treatment the level of free chlorine or chloramine applied to provide adequate disinfection per 40 CFR 141.72 and 40 CFR 141.403 can exceed 4 mg/L. Higher levels of oxidant are introduced to overcome inorganic and organic demand while achieving required concentration x time (CT) and maintaining secondary disinfectant residuals throughout the water system distribution. The resulting free chlorine or chloramine residuals reported as mg/L (as Cl2) are typically below 4 mg/L but can be higher per SDWA. 2. Both the MRDLG and MRDL are managed as average annual levels of exposure to disinfectant residuals in distributed water, rather than “not‐to‐exceed” levels (40 CFR 141.133). Under SDWA (40 CFR 141.130) EPA recognizes that there are circumstances when a water system might have a higher distributed water residual. 3. Label changes should also be consistent with EPA guidance for emergency disinfection of drinking water. While infrequent, the recent hurricane season is a reminder that emergency disinfection is sometimes required.2 4. AWWA strongly supports developing a practical solution for clarifying FIFRA label text without constraining current drinking water treatment practice. Such a solution should: a. Be consistent with SDWA in its use of the term chlorine “residual” (e.g., adherence to MRDL in the distribution system). b. Not impede conventional drinking water treatment approaches to assure SDWA compliance under 40 CFR 141.72 and 40 CFR 141.403. c. Not create a data collection requirement for disinfectant registrants and their supply chain that has the net effect of constraining the supply and delivery of hypochlorite products for drinking water treatment at public water systems. d. If data collection is required to satisfy FIFRA requirements, then consideration of existing approval processes should be considered (e.g., NSF 60 certification of products for use in drinking water treatment). An Interim Decision Is Appropriate The FIFRA re‐registration process provides EPA flexibility to provide direction to registrants without a complete re‐registration process. 1 Sodium Hypochlorite, Calcium Hypochlorite, and Potassium Hypochlorite Proposed Interim Registration Review Decision Case Numbers 0029 and 5076, June 2017, EPA‐HQ‐OPP‐2012‐0004‐0018, page 18 2 Emergency Disinfection of Drinking Water, downloaded 11/13/2017. Docket ID# EPA–HQ–OPP–2012–0004 and EPA–HQ–OPP–2014–0157 November 21, 2017 Page 3 “The Agency’s proposed interim decision is that (1) no additional data are needed at this time, and (2) certain labeling changes are needed. It does not cover either the ESA or EDSP component of this registration review case, and this proposed interim decision is being issued pending their evaluation.”3 Comments: 1. AWWA agrees with EPA that there are there are available data to support positive changes to the hypochlorite product labels. As the Agency is aware, the bulk of that data is based on sodium hypochlorite. 2. AWWA supports the proposal to make an interim decision rather than postponing action for several years. Precautionary Statements on Hypochlorite Labels EPA is proposing a list of practices developed to manage chlorate and perchlorate formation from the degradation of hypochlorite. “Appendix A: Summary of Proposed Labeling Changes for Hypochlorites … Description Proposed Labeling Language for Hypochlorites Placement on Label Drinking Water Disinfection End Use Products For drinking water “The following practices help to minimize degradant Precautionary uses formation in drinking water disinfection: Statements, on • It is recommended to minimize storage time. applicable labels • It is recommended that the pH solution be in the range of 11‐13. • It is recommended to minimize sunlight exposure by storing in opaque containers and / or in a covered area. Solutions should be stored at lower temperatures. Every 5o C reduction in storage temperature will reduce degradant formation by a factor of two.17 • Dilution significantly reduces degradant formation. For products with higher concentrations, it is recommended to dilute hypochlorite solutions with cool, softened water upon delivery, if practical for the application.” 18 “4 Comments: 1. AWWA agrees with the Agency that these are the correct topics to add to the product label precautionary statements. 3 Sodium Hypochlorite, Calcium Hypochlorite, and Potassium Hypochlorite Proposed Interim Registration Review Decision Case Numbers 0029 and 5076, June 2017, EPA‐HQ‐OPP‐2012‐0004‐0018, page 19 4 Ibid, page 21. Docket ID# EPA–HQ–OPP–2012–0004 and EPA–HQ–OPP–2014–0157 November 21, 2017 Page 4 2. The recommended practices will substantially reduce chlorate and perchlorate formation. Thank you for the opportunity to comment on these label revisions. If you have any questions regarding this correspondence or if AWWA can be of assistance in some other way, please contact me or Steve Via at (202) 326‐6130 or [email protected]. Best regards, G. Tracy Mehan, III Executive Director – Government Affairs CC: Rose Kyprianou, EPA OPP Maria Lopez Carbo, EPA OGWDW Crystal Rodgers‐Jenkins, EPA OGWDW Who is AWWA The American Water Works Association (AWWA) is an international, nonprofit, scientific and educational society dedicated to providing total water solutions assuring the effective management of water. Founded in 1881, the Association is the largest organization of water supply professionals in the world. Our membership includes more than 4,000 utilities that supply roughly 80 percent of the nation's drinking water and treat almost half of the nation’s wastewater. Our 50,000‐plus total membership represents the full spectrum of the water community: public water and wastewater systems, environmental advocates, scientists, academicians, and others who hold a genuine interest in water, our most important resource. AWWA unites the diverse water community to advance public health, safety, the economy, and the environment. .