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nay THE ASSEMBLY os STATE OF NEW YORK COMMITTEES ALBANY October 29, 2018 Howard A. Zucker, M.D,, J.D. Commissioner New York State Department of Health Corning Tower Empire State Plaza Albany, NY 12237 Re: Maximum Contaminant Levels for PFOA, PFOS, and 1,4-dioxane Dear Commissioner Zucker, | write today to urge the Department of Heaith to immediately move forward with developing Maximum Contaminant Levels (MCLs) for PFOA, PFOS, and 1,4-dioxane. The longer New York waits, the greater the chance that people will get sick Water contamination crises are becoming more prevalent across our state. Dangerous chemicals have polluted water supplies in Hoosick Falls, Newburgh, Petersburgh, and many Long Isiand towns. Many New Yorkers are fearful that drinking from their taps could give them cancer. ‘The Drinking Water Quality Council, however, has not been the champion for clean water that New York needs. The Council was mandated by statute to produce MCL recommendations for PFOA, PFOS, and 4,4-dioxane by October 2, but It ignored the deadline. Rather than releasing recommendations at thelr ‘meeting on October 17, the Council again delayed taking action. No exact date for the Council's next meeting has been announced. ‘The Department of Health has promised that MCLs would be established and testing for these chemicals, begun by the end of this year. Given the Council's delays, the Department must step up to meet this commitment. it as been almost three years since the water crisis in Hoosick Falls first came to light ~ New Yorkers cannot wait any longer to know that their water is clean and safe to drink. Without action on MCLs, communities may be exposed to these chemicals and not be aware of the danger. Fortunately, the Department has a wealth of recent and sound science to develop MCLs that are the most protective of public health: ‘* DOH must set a combined MCI for PFOA and PFOS no higher than 4 parts per trillion (ppt). The science is clear that the EPA guidance level of 70 ppt for PFOA and PFOS is fer too high to protect human health. During public comment at the October 17" Drinking Water Quality Council meeting, the Natural Resources Defense Council recommended a combined MCL between 2 ppt and 5 ppt, and an Agency for Toxic Substances and Disease Registry study recommends between 7 ppt and 11 ppt. These recommendations are roughly 7 to 10 times lower than current EPA guidance. New York must exercise extreme caution towards these chemicals and establish combined MCL of 4 ppt. env aah sua5515 a stag 19 1 ty ‘© DOH must set a MCL for 1,4-dioxane at 0.3 parts per billion (ppb). 2,4-dioxane is considered a likely carcinogen by the EPA, and has been discovered in many drinking water supplies on Long Island, Massachusetts has set a guidance level of 0.3 ppb for 1,4-dioxane - New York should establish this level as an MCL. Other states have already taken steps to address these dangerous chemicals - New Jersey isin the process of finalizing MCLs for PFOA and PFOS, It is time for the Department of Health to act as well. With your leadership, New York will establish the strongest clean water protections in the nation. | look forward to this outcome, and thank you for your consideration of these comments. Sinegsaly, Ellen C. Jaffee Member of Assembly ce: ‘Assemblymember Richard Gottfried, Chair, NYS Assembly Standing Committee on Health ‘Assemblymember Steve Englebright. Chair, NYS Assembly Standing Committee on Environmental Conservation Basil Seggos, Commissioner, New York State Department of Environmental Conservation Roger Sokol, PhD, Director, Division of Environmental Health Protection, Center for Environmental Health, New York State Department of Health Scott J Stoner, MS, Chief, Standards and Water Quality Assessment Section, Division of Water, New York State Department of Environmental Conservation Stanley Carey, Massapequa Water District Superintendent, Long Island Water Conference Chairman Joseph Graziano, PhD, Columbia University Mailman School of Public Health Professor, Environmental Health Sciences and Pharmacology Sandra Nierzwicki-Bauer, PhD, Rensselaer Polytechnic Institute Darrin Fresh Water Institute Associate Director and Professor Harold Walker, PhD, Stony Brook University Department of Civil Engineering Professor and Chair, Stony Brook Center for Clean Water Technology Co-Director Sarah Meyland, JD, Associate Professor, New York Institute of Technology Steven Schindler, MS, Director, Water Quality: NYC Department of Environmental Protection, Bureau of Water Supply kris Dimmick, PE, PWLF, Professional Engineer, BCA Engineers & Architects Paul Granger, PE, Superintendent, Port Washington Water District