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This is one of the primary reasons PFAS chemicals have been able to proliferate throughout the United States.
But under TSCA, the burden of proof falls on the EPA to prove that a chemical is dangerous in order to regulate it. This is essentially a rejection of the Precautionary Principle and means that chemical companies can get away with using toxic substances for long periods of time.
In 1976, Congress passed the Toxic Substance Control Act, giving the EPA the power to regulate the production, testing, and use of chemicals. Under TSCA, the EPA can require research and testing of chemicals, limit their use, or ban them altogether.
The Precautionary Principle, a principle that lawmakers use to assess risk, suggests that we should not allow the use of a given product, food, chemical, etc. until we can confirm that it is safe.
The Fountain Valley isn't alone -- there are hundreds, if not thousands of communities in the United States affected by PFAS contamination
Federal action is required to deal with the problem in a comprehensive way
US Congress
US EPA
CO Government
Get involved with the Fountain Valley Clean Water Coalition to advocate for your community and others like it -- learn more at https://fountainvalleycwc.wixsite.com/water or contact them at FountainValleyCWC@gmail.com
Or, they can issue Health Advisory Levels, which are non-enforceable limits published to guide water districts without actually regulating.
They do so by setting Maximum Contaminant Levels, requiring water districts to ensure their water is below those levels.
In 1974, Congress passed the Safe Drinking Water Act, which gave the EPA the power to decide how much of a given contaminant is acceptable in our drinking water.
Through the Colorado Water Quality Control Act, the Colorado state government created the Water Quality Control Commission within the CDPHE. The commission has broad powers over the regulation of water within the state, including the power to create and enforce water quality standards.
The EPA has yet to take any action to limit the production or use of PFAS. While they are likely to take some action in the coming years, it's unclear whether they will decide to treat PFAS as a class of chemical, which is the only way to truly close the loopholes in the Toxic Substances Control Act
The Colorado Water Quality Control Act of 2013 established the Water Quality Control Commission within CDPHE. The commission is responsible for monitoring and enforcing federal water regulations, as well as creating its own standards where it sees fit.
While it is unclear if this law applies to the military, both military bases in the Fountain Valley voluntarily agreed to stop using the foam in training exercises before the law was passed—Fort Carson in 1991 and Peterson AFB in 2016.
In 2019, due in large part to the advocacy of the FVCWC, the Colorado state government passed a law banning the use of firefighting foam in training exercises. Firefighting foam generally contains a number of different PFAS compounds, and their use in training exercises is one of the primary ways PFAS has gotten into drinking water nationwide, including in the Fountain Valley.
Again...
In 2016, the EPA published a health advisory limit of 70 parts per trillion of PFOA + PFOS, two of the most common PFAS compounds. This meant that hundreds of water districts across the country were suddenly above the health advisory. Although they were not required to change anything, many took action to ensure their water was below the limit.
Though both state and federal agencies are beginning to consider remediation efforts, the Widefield Aquifer remains contaminated with PFAS. These chemicals are continuously moving, and different spots in the aquifer have different concentrations.
If you have a private well in the Fountain Valley, we will test your water for free. This will enable you to know what’s in your water and help us figure out more about how PFAS are moving through the aquifer. Contact us at 719-301-5840 or at fountainvalleywaterproject@gmail.com for more information
In the spring of 2018, the Water Quality Control Commission created a site-specific groundwater standard of 70 parts per trillion of PFOA + PFOS for the Fountain Valley. This standard sets a goal for the clean-up the PFAS-contaminated Widefield Aquifer and acts as an additional layer of protection against future PFAS contamination in the region.
The Widefield aquifer covers most of the Fountain Valley, and is hydrologically connected to Fountain Creek.
The Colorado Department of Public Health and Environment does for Colorado what the US EPA does for the United States. It also works closely with the EPA to monitor things like air and water quality.
How we define “clean water,” however, is an often-contentious political and regulatory process that involves both state and federal players.
Wells are drawn from groundwater, which is stored in aquifers. Aquifers are underground layers of sediment that are saturated with water because they are the last layer water can percolate through before hitting solid, impermeable bedrock. By drilling down to these layers, wells are able to extract this water for people to drink.
The US Environmental Protection Agency is responsible for managing environmental quality on a nationwide level, regulating everything from auto emissions to pesticide use, oil spills to drinking water. They derive their authority from the US Congress.
The CDPHE is also the environmental agency with the most on the ground experience and knowledge of the issue of PFAS in the Fountain Valley. Contact them with questions at cdphe.information@state.co.us or 303-692-2000
CDPHE
US EPA
The vast majority of Americans get their water from one of two sources: water districts or private wells.
The majority of Americans who live outside of water districts, or who live within them but don’t use their water, get their water from private wells.
And here's some helpful information to consider filters: https://www.colorado.gov/pacific/cdphe/PFCs/water/advisory and https://www.colorado.gov/pacific/cdphe/PFCs/resources
Water districts are responsible for, among other things, ensuring that clean water is available to every residence and business within the geographical boundaries that define their district.
All the water districts in the Fountain Valley — Security, Widefield, Fountain, and Stratmoor Hills — took necessary steps to ensure their water was, and continues to be, well below the health advisory limit.
Private Wells
Water Districts
But a sometimes dizzying array of laws, regulations, and agencies combine to form an often flawed system of ensuring our water is available and safe to drink.
Across large swaths of the United States, people turn on the faucet or the shower and expect good, clean water to come out.
Understanding the Politics of PFAS in the Fountain Valley
Your Water