State finds several water systems, most on the Ohio, have levels of 'forever chemicals' above a limit being considered by EPA

Kentucky Lantern graph from state data, adapted by Kentucky Health News

By Liam Niemeyer
Kentucky Lantern

Per- and poly-fluoroalkyl substances, commonly known as PFAS or “forever chemicals,” are in Kentucky’s rivers and lakes. The chemicals are accumulating inside Kentucky’s fish. They are in municipal water treatment systems, and some have levels higher than a proposed federal limit..

That is what the Kentucky Department for Environmental Protection has found the past few years as it has investigated how widespread PFAS is in Kentucky’s drinking water and environment, the department’s commissioner told a state legislative committee Thursday.

“We have gathered a lot of information. None of the information that we’ve gathered has been or ever was intended to be used for regulatory purposes,” said DEP Commissioner Tony Hatton. “We’re looking at it primarily from a public-health standpoint, and primarily from a drinking-water aspect.”

Chemicals classified as PFAS have been used for decades in a wide variety of industrial purposes, from firefighting foam to nonstick cooking ware because they are highly heat-resistant and stick-resistant. The resistance comes from their strong chemical bonds; they are dubbed “forever chemicals” because they don’t break down easily in the environment.

These chemicals also have a wide range of potential detrimental health impacts at high levels: increased risk of some cancers, hormonal changes, increased cholesterol levels, decreased vaccine responses in children and more.

Hatton said the Energy and Environment Cabinet has done its “investigative work” and conducted the testing not only to be aware of how widespread PFAS was in state waters but to prepare for proposed federal regulations setting maximum limits on how much of some kinds of PFAS are allowed in drinking water.

The U.S. Environmental Protection Agency sets legal limits for over 90 contaminants in drinking water, but not for PFAS. EPA has health advisory limits, which are unenforceable, that advise how much PFAS exposure is needed over a lifetime before adverse health effects occur. That limit is set at .004 parts per trillion (ppt) for one version of the chemical.

The legally enforceable maximum limit the EPA is proposing would cap two types of PFAS at 4 ppt. State officials have found much higher levels of PFAS in some municipal water systems in Kentucky.

Sen. Robin Webb

The water in the Greenup County town of South Shore had 23.2 ppt of one type of the chemical, the highest in the state, Louisville Public Media reported. And the 1,100 residents of the Ohio River town were not notified, state Sen. Robin Webb of Grayson said at meeting of the Interim Joint Committee on Natural Resources and Energy.

“No notice requirements, people. And that’s a problem. I think we all have the right to be notified when we’re dealing with the commodity that’s necessary for life,” Webb said. “This is a big deal.”

In the sampling so far, most of the water systems with PFAS levels above the proposed federal limit are on the Ohio River. Earlier this year, the state sued the DuPont chemical company, alleging PFAS pollution in Kentucky from a West Virginia facility upstream on the Ohio. The state is demanding the company pay all past and future costs for monitoring and treating PFAS in drinking water.

Treating water for PFAS won't be cheap

Webb, a Democrat, said the Republican-dominated legislature should consider providing more funding to water systems in the next two-year budget, especially with the pending federal limit on PFAS.

Sen. Brandon Smith, R-Hazard, asked Hatton if forever chemicals had been seen in fish caught in Kentucky waters; the commissioner replied that a state report found PFAS in all of the 98 fish samples taken throughout the state.

Past Democrat-led efforts to regulate PFAS through state legislation have gained little traction. Rep. Nima Kulkarni, D-Louisville, has been the primary sponsor of bills the past three years to set maximum limits in drinking water and discharge limits into state waters. A version of the legislation in 2023 was not even assigned to a House committee.

Hatton said PFAS can be filtered out at water utilities, but treatment is expensive. He said the city of Leitchfield, which draws water from Rough River Lake, is asking the state for financial help to the tune of $1 million to implement a granular activated-carbon filter.

Activted carbon is “great stuff, but once the receptors get filled, it doesn’t want to hold on to anything anymore, you have to regenerate it or replace it. So there’s gonna be ongoing costs,” Hatton said.

He said the state is focusing on how to treat drinking water systems for PFAS before addressing the other “complex” aspects of the issue, including the sources of forever chemicals.

Sen. Cassie Chambers-Armstrong, D-Louisville, urged officials to also address potential sources of PFAS exposure, for example, in children’s products, in addition to focusing on drinking water.