Federal EPA Proposes PFAS Standards for Drinking Water Systems

In a much-anticipated move, the Environmental Protection Agency has issued its proposed drinking water standards for PFAS, the so-called “forever chemicals” that may pose long term health concerns. The proposed standards are open for public comment for 60 days.

“Communities across this country have suffered far too long from the ever-present threat of PFAS pollution. That’s why President Biden launched a whole-of-government approach to aggressively confront these harmful chemicals, and EPA is leading the way forward,” said EPA Administrator Michael S. Regan. “EPA’s proposal to establish a national standard for PFAS in drinking water is informed by the best available science, and would help provide states with the guidance they need to make decisions that best protect their communities. This action has the potential to prevent tens of thousands of PFAS-related illnesses and marks a major step toward safeguarding all our communities from these dangerous contaminants.”

The proposal, if finalized, would regulate PFOA and PFOS as individual contaminants, and will regulate four other PFAS – PFNA, PFHxS, PFBS, and GenX Chemicals – as a mixture.

  • PFOA and PFOS: EPA is proposing to regulate PFOA and PFOS at a level they can be reliably measured at 4 parts per trillion.
  • PFNA, PFHxS, PFBS, and GenX Chemicals: EPA is also proposing a regulation to limit any mixture containing one or more of PFNA, PFHxS, PFBS, and/or GenX Chemicals. For these PFAS, water systems would use an established approach called a hazard index calculation, defined in the proposed rule, to determine if the combined levels of these PFAS pose a potential risk.

If finalized, the proposed regulation will require public water systems to monitor for these chemicals. It will also require systems to notify the public and reduce PFAS contamination if levels exceed the proposed regulatory standards. EPA anticipates that if fully implemented, the rule will, over time, prevent thousands of deaths and reduce tens of thousands of serious PFAS-attributable illnesses. This action establishes nationwide protection from PFAS pollution for all people, including environmental justice communities.

EPA requests input on the proposal from all stakeholders, including the public, water system managers, and public health professionals. Comments may be submitted through the public docket, identified by Docket ID No. EPA-HQ-OW-2022-0114, at www.regulations.gov.

For more information on this proposal, please visit EPA’s Per- and Polyfluoroalkyl Substances (PFAS) webpage.

Read the full EPA press release on the new standards, on the EPA website.

A practical breakdown of the proposed rules and their effects was published by The Conversation, including this forward-looking segment:

5. What happens next?

The EPA has set a 60-day period for public comment on the proposed regulations, after which it can finalize the guidelines. But many experts expect the EPA to face a number of legal challenges. Time will tell what the final version of the regulations may look like.

This regulation is intended to keep the U.S. in the enviable position of having some of the highest-quality drinking water in the world. As researchers and health officials learn more about new chemical threats, it is important to ensure that every resident has access to clean and affordable tap water.

While these six PFAS certainly pose threats to health that merit regulation, there are thousands of PFAS that likely have very similar impacts on human health. Rather than playing chemical whack-a-mole by regulating one PFAS at a time, there is a growing consensus among researchers and public health officials that PFAS should be regulated as a class of chemicals.

 

Michael Sanderson

Executive Director Maryland Association of Counties