EPA Adjusts PFAS Standards, Eases Compliance for Public Water Systems

The U.S. Environmental Protection Agency (EPA) recently announced it will maintain the current National Primary Drinking Water Regulations (NPDWR) for the two most common per- and polyfluoroalkyl substances (PFAS), PFOA and PFOS. It will also rescind the regulations and reconsider the regulatory determinations for several other PFAS, including PFHxS, PFNA, HFPO-DA (commonly known as GenX), a Hazard Index mixture involving those three compounds and PFBS.

These changes include several plans that could make it easier for public water systems to comply with federal drinking water standards.

The EPA's latest announcement follows the establishment of final National Primary Drinking Water Regulations on April 10, 2024. The standards set legally enforceable maximum contaminant levels (MCLs) for these PFAS. These regulations establish nationwide limits for these persistent "forever chemicals" in public drinking water. They apply to "public water systems," defined as any publicly or privately owned system providing water for human consumption that has at least 15 service connections or regularly serves an average of at least 25 people for at least 60 days per year.

The EPA initially gave public water systems until 2029 to comply with these MCLs, which many criticized as infeasible. In its latest announcement, the EPA signaled a move toward greater flexibility for public water systems in meeting compliance requirements, emphasizing its dual goals of protecting public health and ensuring that regulatory compliance is achievable, particularly for smaller water systems.

The latest move also follows the EPA’s newly released guidance to help states address PFAS discharges into water sources, which can result in the contamination of drinking water.

The EPA outlined several new initiatives aimed at supporting water systems:

• Extended compliance deadlines: The EPA plans to initiate a rulemaking process to extend the compliance deadline for the PFOA and PFOS MCLs to 2031.
• Federal exemption framework: The EPA intends to establish a federal exemption framework, offering a structured approach for systems needing more time or facing unique challenges.
• PFAS OUT Initiative: A new program, the PFAS OUTreach Initiative (PFAS OUT), will engage utilities, technical assistance providers, and local, state, tribal, and territorial leaders to develop practical and effective solutions, with a particular focus on rural and small communities.

The EPA's decision to maintain PFOA and PFOS standards while also providing extended compliance timelines and new support mechanisms offers a degree of certainty combined with necessary flexibility for public water systems.

Water systems and other stakeholders should stay informed about the upcoming rulemaking process for the extended compliance deadlines and the development of the federal exemption framework. They should also take advantage of the resources and engagement opportunities that will be available through the PFAS OUTreach Initiative. It remains crucial for water systems to continue assessing their water sources for PFAS and to plan for necessary treatment and compliance measures, keeping the new timelines in mind.

Please contact Blake Donewar or any member of the Phelps environmental team if you have questions or need advice or guidance.