First U.S. PFAS drinking water standards set, CERCLA legislation introduced

In two related events last week, the U.S. Environmental Protection Agency (EPA) released final drinking water standards for six per- and polyfluoroalkyl substances (PFAS), and legislation was introduced in the U.S. House of Representatives to exempt water utilities from PFAS contamination liability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

The final PFAS standards announced April 8 establish maximum contaminant levels (MCLs) for perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), perfluorohexanesulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluorobutanesulfonic acid (PFBS) and its related compound potassium-PFBS, and hexafluoropropylene dimer acid (HFPO-DA) and its ammonium salt. (Pictured right, Tracy Mehan during a video interview about the PFAS standards.)

EPA determined PFOA and PFOS are carcinogenic, so each has a maximum contaminant level goal (MCLG) of zero and EPA set the MCL for each at four parts per trillion. The EPA also finalized the hazard index-based MCLG and MCL for PFHxS, PFNA, PFBS, and HFPO-DA at 1 (note the significant figure). In announcing the final rule, EPA also announced three new individual MCLGs and MCLs for PFHxS, PFNA, and HFPO-DA at 10 parts per trillion each.

On April 11, the day after the American Water Works Association’s annual Fly-In in Washington, D.C., U.S. Reps. John Curtis (R-Utah) and Marie Gluesenkamp Perez (D-WA) introduced H.R. 7944 to exempt water utilities from CERCLA liability. This was a key objective advanced on Capitol Hill by AWWA delegates.

Evaluating the PFAS drinking water standards

Tracy Mehan, AWWA’s executive director of Government Affairs, said in a video interview that the new PFAS rule presents a major challenge and undertaking for the water sector and will require great attention from the Association and all utilities, both in terms of technical compliance and cost.

“Once the final regulation appears in the Federal Register, we’ll be in a position to provide better guidance and technical assistance to our members and evaluate what our reaction should be in terms of our position on the rule and its cost and practical consequences in terms of implementation,” he said.

“Financial implications are going to be huge,” he added. “Water systems will need to look at their rate structures and all available sources of funding, including state revolving loan funds and WIFIA (Water Infrastructure Finance and Innovation Act of 2014).”

“AWWA fully supports strong drinking water standards that protect public health with appropriately prioritized investments,” said Chris Moody, AWWA’s regulatory technical manager. “As we noted in our comments to EPA when it proposed this rule, our estimates show the cost of the rule is about three times more than EPA’s calculations. As utilities pass these costs along to their customers, it will lead to affordability challenges and a shift in investments from other programs in certain communities.”

“The best way to keep our drinking water free from PFAS is to protect our precious source waters,” AWWA said in a statement. “AWWA continues to encourage EPA to follow through on its commitments to address harmful PFAS manufacturing, uses, and releases to the environment. Doing so appropriately requires polluters – not communities – to be held responsible for PFAS contamination.”

EPA also revised the proposed compliance timeline with a phased approach. As finalized, systems must complete initial monitoring requirements for each PFAS within three years, and when warranted, take steps to assure compliance within five years. Beginning in 2027, systems must include results of initial monitoring and regular monitoring for PFAS for compliance in their consumer confidence reports. Systems also must issue public notifications for monitoring and reporting violations. Five years after promulgation (2029), systems that are not in compliance with the MCL based on monitoring must not only take steps to comply but also issue public Tier 2 notifications.

More information about PFAS and AWWA resources is available here. EPA also has summary materials and background documents about this rulemaking on its Safe Drinking Water Act Per- and Polyfluoroalkyl Substances (PFAS) webpage.