Welcome to the second installment of The ELAM Group’s series exploring the USEPA’s PFAS Strategic Roadmap, a comprehensive initiative addressing the challenges posed by Per- and Polyfluoroalkyl Substances (PFAS), commonly known as “forever chemicals”. The roadmap focuses on three key objectives: Research, Restrict, and Remediate. Its goal is to deepen understanding of PFAS, limit their use and exposure, and address contamination in affected areas.
Our previous white papers provided foundational insights into the roadmap’s goals and initial impacts. Building on that foundation, this series will explore the roadmap’s influence on other regulatory frameworks, including the Toxic Substances Control Act (TSCA), Clean Water Act (CWA), Safe Drinking Water Act (SDWA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and more.
In this installment, we examine PFAS regulatory updates to the Safe Drinking Water Act over the past year and describe the broader implications for compliance, public health, and environmental protection.
The Safe Drinking Water Act (SDWA), enacted in 1974 and amended in 1986 and 1996, aims to protect public health by regulating the quality of drinking water in the U.S. The SDWA authorizes the U.S. Environmental Protection Agency (EPA) to establish national health-based standards for over 90 natural and man-made contaminants.
As research evolves on emerging contaminants such as PFAS in public water systems, EPA continues to update regulations to ensure that water safety standards adequately respond to PFAS challenges.
PFAS Regulatory Updates for the SDWA
On April 10, 2024, as part of EPA’s PFAS Strategic Roadmap, the Biden-Harris Administration issued the
first-ever National Primary Drinking Water Regulations for PFAS under the SDWA. Specifically, this final rule establishes nationally, legally enforceable thresholds, known as Maximum Contaminant Levels (MCLs), for six PFAS in drinking water systems. The rule aims to preserve drinking water quality and reduce exposure to harmful substances.
Initially proposed in March 2023, this update introduces the most stringent standards for PFAS to date. In addition to regulating the most well-known PFAS compounds, PFOA and PFOS, EPA expanded the rule, adding individual MCLs for four additional, lesser-known PFAS compounds––PFHxS, PFNA, HFPO-DA, and PFBS. While low levels of individual PFAS may not cause adverse health effects, mixtures of PFAS can pose risks. Thus, public water facilities must use a Hazard Index to assess risk when more than one PFAS compound is present in drinking water.
The final rule also establishes Maximum Contaminant Level Goals (MCLGs) for PFAS. MCLGs are non-enforceable, health-based advisories that provide technical guidance to public water purveyors, helping them monitor and reduce PFAS levels to meet the enforceable MCLs when contamination exceeds regulatory thresholds. EPA’s specific MCL thresholds and MCLG advisories for each PFAS compound are listed here.
What These Updates Mean
The new regulations were published in the Federal Register on April 26, 2024. They give public water purveyors three years (until December 2026) to comply with initial monitoring requirements as well as public notification requirements when PFAS are detected above MCLs. Thereafter, public water purveyors will have two additional years to reduce PFAS concentrations to compliant levels.
Looking Ahead: 2024 and Beyond
According to EPA, the new regulations are expected to detect elevated PFAS levels in 6 to 10 percent of the nation’s water systems, potentially affecting up to 100 million people. To ease compliance costs, particularly in small or disadvantaged communities, EPA has allocated nearly $1 billion from the Bipartisan Infrastructure Law, which is part of a larger $9 billion fund for addressing emerging contaminants.
In addition to these new SDWA regulations, EPA continues to enforce the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, to regulate and respond to hazardous substances in the environment. Alongside the April 2024 updates to the SDWA, an updated ruling under CERCLA designates both PFOA and PFOS as “hazardous substances.”
In the years ahead, these two regulatory updates will especially impact communities with higher levels of PFAS in their public water systems. As they work to comply with the SDWA, they will also face challenges related to other facilities, such as wastewater treatment plants, under CERCLA. While costly, these changes to the SDWA are essential for safeguarding public health and protecting the environment.
If your organization has used PFAS, faces PFAS liability, or operates on property where PFAS may be present, it’s crucial to assess your compliance and potential risks. Contact The ELAM Group to learn more.
