EPA Proposes PFAS Regulations for Drinking Water

March 14, 2023
Agency expects to finalize the ruling by the end of 2023

A newly proposed standard from the U.S. Environmental Protection Agency would limit the allowable amount of per- and polyfluoroalkyl substances (PFAS) in drinking water.

EPA Administrator Michael Regan announced the proposal at a press conference in Wilmington, North Carolina, on March 14.

The EPA is calling for a National Primary Drinking Water Regulation to establish legally enforceable levels, called maximum contaminant levels (MCLs), for six PFAS known to occur in drinking water. The six PFAS are PFOA, PFOS, PFNA, PFHxS, PFBS and GenX chemicals. An MCL protects public health by setting a maximum level of a contaminant allowed in drinking water that can be delivered to users of a public water system, according to the EPA.

Also, the EPA is proposing health-based, non-enforceable maximum contaminant level goals for these six PFAS. An MCLG is the maximum level of a contaminant in drinking water where there is no known or anticipated negative effect on an individual’s health, allowing for a margin of safety.

In his press statement, Regan referred to PFAS contamination as “one of the most pressing environmental and public health concerns in the modern world.”

If finalized, the proposed regulation will require public water systems to monitor for these chemicals. It will also require systems to notify the public and reduce the levels of these PFAS if levels exceed the proposed regulatory standards.

The American Chemistry Council (ACC) referred to the EPA’s proposal as a "misguided approach" that would likely result in billions of dollars in compliance costs.  

"PFOA and PFOS were phased out of production by our members more than eight years ago," according to the ACC statement. "We support restrictions on their use globally, and we support drinking water standards for PFOA and PFOS based on the best available science. However, we have serious concerns with the underlying science used to develop these proposed MCLs and have previously challenged the EPA based on the process used to develop that science. We are not alone in our concerns, as others have been on the record criticizing their development. And new peer-reviewed research also calls into question the basis for EPA’s overly conservative approach to assessing one of the health endpoints." 

The EPA anticipates that over time, if fully implemented, the rule will reduce tens of thousands of PFAS-attributable illnesses or deaths. This proposal does not require any actions for drinking water systems until the rule is finalized, and water systems will be required to meet the MCLs after a specified implementation period.

The EPA will review public comments about the proposal and plans to have the standard finalized by the end of the year, Regan said.

In response to a question about holding companies fully accountable for PFAS pollution, Regan said the Biden administration will continue to pursue violators.

“I have said from day one, this administration is not afraid to use its enforcement authority against companies like DuPont, Chemours and 3M,” Regan said. 

About the Author

Jonathan Katz | Executive Editor

Jonathan Katz, executive editor, brings nearly two decades of experience as a B2B journalist to Chemical Processing magazine. He has expertise on a wide range of industrial topics. Jon previously served as the managing editor for IndustryWeek magazine and, most recently, as a freelance writer specializing in content marketing for the manufacturing sector.

His knowledge areas include industrial safety, environmental compliance/sustainability, lean manufacturing/continuous improvement, Industry 4.0/automation and many other topics of interest to the Chemical Processing audience.

When he’s not working, Jon enjoys fishing, hiking and music, including a small but growing vinyl collection.

Jon resides in the Cleveland, Ohio, area.

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