Are PFAS regulated for drinking water?
PFAS in drinking water is a growing area of government regulation worldwide. In April of 2024, the U.S. EPA announced the final National Primary Drinking Water Regulation (NPDWR) for six PFAS in drinking water, establishing legally enforceable Maximum Contaminant Levels (MCLs) for PFOA, PFOS, PFHxS, PFNA, and HFPO-DA. For PFAS mixtures containing at least two or more of PFHxS, PFNA, HFPO-DA, and PFBS, the regulation uses a Hazard Index MCL to account for the combined and co-occurring levels of these PFAS in drinking water. The EPA also finalized health-based, non-enforceable Maximum Contaminant Level Goals (MCLGs) for these PFAS.
This regulated group of PFAS includes both short-chain and long-chain types. The final rule requires:
- Public water systems must monitor for these PFAS and have until 2027 to complete initial monitoring, followed by ongoing compliance monitoring. Water systems must also provide the public with information on the levels of these PFAS in their drinking water beginning in 2027.
- Public water systems have until 2029 to implement solutions that reduce these PFAS if monitoring shows that drinking water levels exceed these MCLs.
- Beginning in 2029, public water systems that have MCL-exceeding PFAS in drinking water must take action to reduce levels of these PFAS and must notify the public of the violation.
The U.S. EPA also has designated two PFAS long-chain compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances” under the federal program, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as Superfund). This designation allows the EPA to regulate PFAS in wastewater; however, the EPA has indicated that, rather than pursuing municipal wastewater plants and other “passive” facilities that did not create PFAS or add them to the wastewater, it will focus on regulating entities that significantly contributed to the release of PFAS into the environment, such as PFAS manufacturers and those using PFAS in their manufacturing processes.
Bans on the manufacture and use of PFAS began emerging all over the world several years ago from various countries, states and regulatory bodies. Some of those bans are already in effect, and many more are scheduled to take effect by 2030.