EPA Proposes National Drinking Water Standard
This week, the Biden Administration announced it is proposing the first-ever national drinking water standard for six per- and polyfluoroalkyl substances (PFAS). The government intends to require near-zero levels according to the EPA. Exposure to the chemicals has been linked to cancer, liver damage, fertility and thyroid problems, asthma and other health effects. This is also intended to support and leverage state actions like those taken in Michigan.
The Association of State Drinking Water Administrators was quick to respond, stating it a “a step in the right direction” but said compliance will be challenging. Despite available federal money (EPA released $2 billion recently), “significant rate increases will be required for most of the systems” that must remove PFAS. In addition, utilities and the chemical industry were quick to express concern about the cost of compliance with such a low level.
This proposal builds on other actions taken by EPA to address PFAS, including EPA’s proposal to designate two PFAS as CERCLA hazardous substances; enhancing data on PFAS under EPA’s National PFAS Testing Strategy and through nationwide sampling for 29 PFAS in public drinking water systems; using EPA’s Clean Water Act permitting and regulatory programs to reduce PFAS pollution in the environment from industry; and initiating the distribution of $10 billion total in funding to address emerging contaminants under the Bipartisan Infrastructure Law (BIL).
Last year the EPA found the chemicals could cause harm at levels “much lower than previously understood” and that almost no level of exposure was safe. It advised that drinking water contain no more than 0.004 parts per trillion of perfluorooctanoic acid and 0.02 parts per trillion of perfluorooctanesulfonic acid. Previously, the agency had advised that drinking water contain no more than 70 parts per trillion of the chemicals.
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. GenX Chemicals are used as a substitute by manufacturers used when PFOA and PFOS were phased out of consumer products.
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 is requesting public comment on the proposed regulation. The public comment period will open following the proposed rule publishing in the Federal Register. Public comments can be provided at that time at www.regulations.gov under Docket ID: EPA-HQ-OW-2022-0114. Information on submitting comments to EPA dockets can be found here.
EPA will be holding two informational webinars about the proposed PFAS NDPWR on March 16, 2023, and March 29, 2023. The webinars will be similar, with each intended for specific audiences. Registration is required to attend. The webinar recordings and presentation materials will be made available following the webinars at this website. For questions related to the public webinars, contact PFASNPDWR@epa.gov.
EPA will also be holding a public hearing on May 4, 2023, where members of the public can register to attend and provide verbal comments to EPA on the rule proposal. Registration is required to attend and the last day to register to speak at the hearing is April 28, 2023. For questions related to the public hearing, contact PFASNPDWR@epa.gov.
Let us know at Constitution Partners if you would like us to assist in providing comments, or if you would like additional information.
