Erin Brockovich and Clean Water Action staff speak out in support of new Public Health Goal for chrome VI; public comment now accepted until November 2, 2009

Better late than never: Fifteen years after the Academy Award-nominated movie Erin Brockovich brought the dangers of hexavelent chromium exposure to the attention of the public, and five years after a legislature-mandated deadline for the state to set a drinking water standard, the California Office of Environmental Health Hazard Assessment (OEHHA) finally began to take action. It's probably not a coincidence that the state finally began the process of setting a standard after Clean Water Action and other allies notified them of our intent to initiate legal action for the state's failure to meet its statutory obligation to set a drinking water standard for hexavalent chromium (chromium VI).

On October 19, 2009, OEHHA held a workshop giving an overview of their draft Public Health Goal (PHG) for chromium VI. The proposed PHG specifies a maximum level of 0.06 parts per billion level (ppb) of chromium VI in drinking water (read the draft here). Clean Water Action believes this is a health protective level and supports the proposed goal. At the workshop and at a press conference that preceded it, speakers Erin Brockovich (Brockovich Research & Consulting), Virginia Madueno (Clean Water Action California, Central Valley Organizer), and Renee Sharp (Environmental Working Group California, Executive Director) urged OEHHA to expedite the finalization of this standard. Scott Davis, a resident of the impacted community of Merced, California, also spoke at the press conference. At the workshop, former State Senator Deborah Ortiz (author of SB 351, which mandates the drinking water standard) underscored the real-world impacts of chromium VI and called for the process to move forward quickly

OEHHA has set a deadline of November 2, 2009, for accepting public comment. You can help urge speedy finalization of this PHG by sending a letter to OEHHA; click here for a sample letter: Sample Letter Cal OEHA Chromium VI PHG.

Speaking from Experience

Ms. Brockovich's experience with chromium VI has been documented in the Academy Award-nominated movie bearing her name, and she continues to advocate for communities affected by chromium VI exposure across the country. Ms. Madueno said that she didn't know that her own community, Riverbank, California, was served by drinking water sources that exceed the 0.06 ppb recommended limit until she began working for Clean Water Action. She spoke about the injustice for small communities - which simply can't rely on their water providers for reliable information about the safety of their drinking water - and about the fear in her community of the potential impacts. Mr. Davis lost his family due to chromium VI exposure and its consequences. Ms. Sharp put the delay of the proposed PHG in context, saying, "The bad news is that 30 million Californians in more than 500 communities around the state are being exposed to a potent carcinogen through their drinking water. The good news is that attempted industry corruption of the process did not prevail, and the state is finally one step closer to addressing this serious public health concern."

Clean Water Action expects industry opposition to the proposed PHG to be strong, and to be conducted behind the scenes, most likely targeting Governor Arnold Schwarzenegger directly, rather than through public forums. The delays so far in establishing this PHG have largely been due to industry and political interference, and that's why your input is so critical to the success of this goal. You can help by sending a letter to the OEHHA before November 1, 2009; click here for a sample: Sample Letter Cal OEHA Chromium VI PHG. For more information on chromium VI, its impact, and solutions to the problems it causes, please continue reading.

The Problem

The movie Erin Brockovich (2000) alerted the public to the great suffering the little California town of Hinkley experienced due to the presence of chromium VI, in their drinking water. Sadly, Hinkley is not the only community suffering from this devastating pollution problem. According to the Department of Public Health, from 1997 through 2008 chromium VI was detected in 2,208 California drinking water sources monitored for the contaminant. These sources are spread throughout 52 out of 58 counties, impacting an estimated 33 million Californians.

In order to protect public health, the California Legislature passed SB 351 (Ortiz) in 2001, requiring the development of a state drinking water standard for hexavalent chromium by January 2004. As you now know, we have yet to finalize this standard, despite the legal obligation for the state to have done so five years ago.

Currently, chromium is regulated in drinking water as total chromium; the drinking water standard at both the national and state level is .05 milligrams per liter. This means that water providers measure the amount of both toxic (hexavalent) and non- or less-toxic (trivalent) chromium in the water. However, basing the standard on the combined levels of both types of chromium does not adequately protect public health because chromium VI is more toxic at much lower levels than the other form. In essence, by basing the drinking water standard on the health threat posed by both types of chromium means that it is not health protective in relation to the hexavalent form.

What is hexavalent chromium and where does it come from?

Chromium occurs in the environment predominantly in two forms: trivalent chromium (chromium III), which occurs naturally and is an essential human nutrient, and hexavalent chromium (chromium VI), which is produced predominantly by industrial processes and is the most toxic form of the element.

Hexavalent chromium enters drinking water sources through discharges of dye and paint pigments, wood preservatives, chrome plating wastes, and leaching from hazardous waste sites. Not surprisingly, communities near chromium waste disposal sites or chromium manufacturing and processing plants are at particular risk of exposure. Probably the most impacted individuals are workers who are exposed on the job.

What are the health effects of hexavalent chromium?

Hexavalent chromium is a carcinogen and a reproductive toxicant for both males and females. As a result, it was added to California's Proposition 65 list of toxic substances in December 2008.

Exposure to chromium VI occurs through breathing, ingesting, and contact with the skin. Although most of the known health impacts are related to inhalation, there is now strong data linking ingestion of chromium VI, such as through drinking water, to severe health effects. In addition to cancer and reproductive harm, short and long-term exposures can lead to eye and respiratory irritation, asthma attacks, nasal ulcers, dermal burns, anemia, acute gastroenteritis, vertigo, gastrointestinal hemorrhage, convulsions, ulcers, and damage or failure of the liver and kidneys.

How are drinking water standards set?

A drinking water standard, also known as a maximum contaminant level or MCL, is an enforceable level for a contaminant in the water, which cannot be legally exceeded by a public drinking water provider. It is based on three things: health impacts, technical feasibility to detect and treat it, and the cost of the water treatment.

Any time a drinking water standard is exceeded, the provider is in violation of the law. When such a violation occurs, the public must be notified and the problem corrected. In addition, any violations of a drinking water standard must be reported in the water provider's annual water quality report, also called a Consumer Confidence Report, available to the provider's customers.

Both the federal government and the state can establish legally enforceable drinking water standards for contaminants of concern. The state may set a standard for a contaminant for which there is no federal limit, or they may set a standard for a federally regulated contaminant that is more stringent than the national standard. A state cannot, however, establish a less stringent standard.

In California, the establishment of drinking water standards is a two-pronged process. First Cal EPA's OEHHA does a scientific analysis to establish the level in drinking water at which no adverse health effects would be expected. Based on these findings, OEHHA establishes a Public Health Goal, or PHG. Then the Department of Public Health sets a drinking water standard as close to the PHG as possible - but also based on technical and cost considerations.

Note: Drinking water standards pertain to public water systems where the water is provided by a local government agency or private company. They do not pertain to private wells. Testing private well water and any necessary treatment is the responsibility of the well owner.

Is the proposed public health goal adequately protective?

Clean Water Action supports the .06 ppb PHG for hexavalent chromium, which current science indicates is protective of the entire population, including vulnerable populations such as children, pregnant women, and the elderly. It will also drive the clean-up of the majority of California's contaminated sites which impact local water supplies and hold polluters accountable. Furthermore, chromium VI can be detected at .06 ppb, making it a viable and enforceable drinking water standard.

What is Clean Water Action doing to ensure the public health goal is adopted and California sets a health protective enforceable drinking water standard?

Clean Water Action has made finalizing a drinking water standard for hexavalent chromium as quickly as possible a top priority. The first step will be to confirm the .06 ppb PHG. We expect strong opposition to this stringent health goal from industries who will eventually be held accountable for discharging chromium VI into drinking water supplies and water providers who are concerned with the cost of treatment.

As we mentioned at the beginning of this article, OEHHA is accepting written public comments on the proposed PHG until 5 p.m., November 2, 2009. CWA has been and will continue to provide both written and oral testimony on behalf of its 60,000 California members in support of finalizing the PHG quickly and to encourage the state to then move quickly to establish an enforceable drinking water standard.

What can I do to help expedite finalization of the Public Health Goal?

Hexavalent chromium is a major drinking water problem in California, which is why we encourage all of our members to drop OEHHA a line and urge the state to quickly regulate this chemical. For a sample letter, please click here: Sample Letter Cal OEHA Chromium VI PHG

Additional information

Press release on CA OEHHA proposed PHG for chromium VI.

Press Release California OEHHA PGH for chromium VI

Fact sheet on chromium VI.

Hexavelent Chromium Fact Sheet