On Wednesday, April 10, the Environmental Protection Agency (EPA) announced final rules setting nationwide standards for the monitoring and removal of Polyfluoroalkyl Substances (PFAS) in drinking water. They also announced the availability of $1 Billion in funding for initial PFAS testing and treatment at both public water systems and private drinking wells.
Polyfluoroalkyl Substances also known as PFAS, or “forever chemicals,” are a series of man-made chemicals that have been used in nonstick cookware, waterproof clothing, stain-resistant furniture and in certain firefighting foams. PFAS exposure over a long period of time can cause cancer and other serious illnesses and can be particularly harmful for pregnant women and children.
The final rules set limits for five individual PFAS: PFOA, PFOS, PFNA, PFHxS, and HFPO-DA. Under the rules, water systems, including municipal and local authorities, must maintain a Maximum Contaminant Level (MCL) of 4.0 parts per trillion for PFOA and PFOS. The other PFAS; PFNA, PFHxS, and HFPO-DA have a Maximum Contaminant Level of 10 parts per trillion.
Water systems must reduce these PFAS levels if their drinking water exceeds regulatory standards. Regulated public water systems have three years to complete their initial monitoring for these chemicals. Systems must include their results in their Annual Water Quality reports to customers. Systems that detect PFAS above the new standards will have five years to implement solutions that reduce PFAS in their drinking water. Water systems must also notify the public if levels of regulated PFAS exceed these new standards.
Solutions for reducing the amount of PFAS could involve various treatment methodologies, such as installing advanced filtration systems like granular activated carbon, reverse osmosis, or ion exchange systems. The choice of treatment is left to the discretion of the water systems, allowing them to adopt the most effective and feasible solutions for their specific circumstances.
The rule introduces a phased timeline for compliance:
- 2024–2027: Complete initial monitoring for PFAS.
- 2027–2029: Include initial monitoring results in Consumer Confidence Reports and begin regular compliance monitoring. Any violations in monitoring and testing must be publicly notified.
- Starting in 2029: Ensure full compliance with all MCLs, with required public notification for any MCL violations.
The EPA has scheduled three webinars to provide additional information to water systems. The first webinar is a general overview scheduled for April 16 from 2-3 pm. Followed by a water sector professionals technical overview webinar on April 23 from 2-3 pm, and a small system webinar on April 30 from 2-3:30 pm. To register for any of these webinars please visit the EPA’s webpage.
It should be noted that the EPA’s rules are in addition to New Jersey’s own PFAS drinking water standards. For further information on the new standards and available funding please visit the EPA’s website on PFAS and the final PFAS National Primary Drinking Water Regulation.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.