EPA Issues Final PFAS National Primary Drinking Water Regulation

In a significant step towards addressing the growing concern over per- and polyfluoroalkyl substances (PFAS) contamination in drinking water, the Environmental Protection Agency (EPA) finalized the National Primary Drinking Water Regulation (NPDWR) for six PFAS on April 10, 2024. These widely used “forever chemicals” have been linked to severe adverse health effects, including cancer and other illnesses, prompting the EPA to establish national standards for specific PFAS found in drinking water, both individually and as mixtures (EPA, 2024a; Hill & Thorpe, 2024).

5 Key Points:

  • The final rule sets individual enforceable Maximum Contaminant Level (MCL) limits for five PFAS and a Hazard Index Level for mixtures containing two or more of four PFAS (Hill & Thorpe, 2024).
  • Public water systems must complete initial monitoring for these chemicals by 2027 and continue monitoring, reporting, and notifying the public of any violations (Hill & Thorpe, 2024).
  • If testing reveals MCLs exceeding regulatory standards, water systems have until 2029 to implement solutions to reduce PFAS in their drinking water (Hill & Thorpe, 2024).
  • Compliance with the rule is estimated to cost approximately $1.5 billion annually, with federal funding available to help impacted communities (Hill & Thorpe, 2024).
  • The final rule is part of the EPA’s broader efforts to reduce PFAS contamination, and its impact may extend beyond public water systems to industries and wastewater treatment facilities (Hill & Thorpe, 2024).

Establishing New Limits and Goals

The final rule sets individual enforceable Maximum Contaminant Level (MCL) limits for five PFAS: PFOA, PFOS, PFNA, PFHxS, and HFPO-DA. These MCLs represent the highest levels of a contaminant allowed in drinking water. The rule establishes a Hazard Index Level for mixtures containing two or more of four PFAS (PFNA, PFHxS, HFPO-DA, and PFBS). Additionally, the rule sets a non-enforceable Maximum Contaminant Level Goal (MCLG) for each PFAS and mixture, representing a health goal set at a level below which there is no known or expected risk to health (EPA, 2024a; Hill & Thorpe, 2024).

Ensuring Compliance and Protecting Public Health

Compliance with the rule requires initial and ongoing monitoring, public notification of violations, and final rule implementation. By 2027, public water systems must complete initial monitoring for these chemicals and continue ongoing monitoring, reporting, and public notification of any violations. If testing reveals MCLs exceeding regulatory standards, water systems have until 2029 to implement solutions to reduce PFAS in their drinking water (EPA, 2024b; Hill & Thorpe, 2024).

Community Water Systems (CWS) and Non-Transient Non-Community Water Systems (NTNCWS) must comply with this rule. The EPA estimates that compliance will cost approximately $1.5 billion per year, although federal funding will be available to help impacted communities (EPA, 2024a; Hill & Thorpe, 2024).

Potential Implications Beyond Public Water Systems

The final rule is only one step in the EPA’s efforts and Strategic Roadmap to reducing PFAS (EPA, 2021; Hill & Thorpe, 2024). While publicly owned treatment works (POTW) and other industries are not directly subject to this rule, they may still be impacted. POTWs may need to evaluate their treatment processes and management strategies in response to the new PFAS MCLs and future EPA regulations of PFAS in wastewater. Industries that discharge PFAS may face liability, as the EPA seeks to hold PFAS polluters accountable under certain circumstances (EPA, 2021; Hill & Thorpe, 2024).

Water providers and municipalities have already begun filing water contamination lawsuits against PFAS manufacturers and dischargers for contamination (Klueger, 2023; Hill & Thorpe, 2024). Given the expected compliance costs with the final rule, industries may face further legal action related to compliance costs or be held liable for cleanup costs.

The Road Ahead

The EPA’s final PFAS National Primary Drinking Water Regulation marks a significant milestone in the fight against PFAS contamination in drinking water. As the rule becomes effective 60 days after its publication in the Federal Register, public water systems must begin taking steps to comply with the initial reporting requirements (EPA, 2024a; Hill & Thorpe, 2024). The impact of this rule may extend beyond public water systems, affecting industries’ wastewater treatment facilities and potentially leading to an increase in water contamination lawsuits as the legal landscape continues to evolve.