On March 14,
2023, the EPA announced proposed National Primary Drinking Water Regulations
for six PFAS chemical compounds. The rule would limit the amount of PFOA perfluorooctanoic
acid (PFOA) and perfluorooctane sulfonic acid (PFOS) to four parts per trillion
(or ng/L) in drinking water across the nation. Perfluorononanoic acid (PFNA),
hexafluoropropylene oxide dimer acid (HFPO-DA, “GenX chemicals”), perfluorohexane
sulfonic acid (PFHxS), and perfluorobutane sulfonic acid (PFBS) would be
regulated at a combined amount according to a complex formula; the EPA will
likely provide an online tool by which providers may input the concentrations
of these chemicals they find to determine whether they are in compliance.
The EPA released health advisory limits
for certain PFAS chemicals last June. This regulation was expected to follow. The
proposed rule will be published in the Federal Register and then will then be
open for public comment. The EPA will also hold a public hearing on May 4, 2023,
at which members of the public may present verbal comments regarding the
proposed regulation.
The Safe Drinking Water Act, last
amended July 2019, allows the EPA to establish national standards for public
drinking water sources. Public water sources are those that provide water to at
least fifteen service connections or that regularly serve twenty-five
individuals. The regulations only apply to public water systems that treat
water; systems that provide water but are not responsible for the treatment are
not affected by the rules. The Act allows for the promulgation of primary
regulations, which are mandatory and enforceable by law and secondary
regulations, which provide recommendations to promote public health.
By February 2023, twenty-four states had
enacted some regulatory standards regarding the amounts of certain PFAS chemicals
allowed in drinking water. Others had passed legislation to allow regulation and
one had proposed regulations that had not been promulgated. The specific chemicals
and the amounts of those chemicals allowed in drinking water varies widely by state.
The levels proposed in the EPA regulations are lower than any state regulation (though
California requires notification to consumers when the level of PFHxS reaches 3
ppt).
Critics suggest this may be detrimental to communities with limited resources already facing issues related to their water systems. The regulation may require these systems to choose between updating and replacing current infrastructure, including the replacement of lead pipes, and implementing the technologies necessary to remove PFAS chemicals. The proposal is part of a set of initiatives the Biden administration is taking through the EPA to reduce the amount of PFAS in the environment and their affects on human health.
