The U.S. Environmental Protection Agency for the first time has established enforceable limits for multiple types of PFAS. The announcement came April 10, and will affect water utilities nationwide.
Public water systems will have three years to complete initial monitoring for PFAS and a five-year window to comply, with officials estimating that between 6% and 10% of systems may require treatment upgrades to meet the new standards. This could impact the drinking water of up to 100 million Americans.
The rule sets limits for five individual PFAS: PFOA, PFOS, PFNA, PFHxS and HFPO-DA (also known as GenX chemicals). The rule also sets a limit for mixtures of any two or more of four PFAS: PFNA, PFHxS, PFBS and GenX chemicals.
EPA is setting enforceable Maximum Contaminant Levels at 4.0 ppt for PFOA and PFOS, individually. This standard will reduce exposure from these PFAS in drinking water to the lowest levels that are feasible for effective implementation, according to the EPA.
For PFNA, PFHxS and GenX Chemicals, the EPA is setting the MCL at 10 ppt.
The EPA is issuing this rule after reviewing research on how PFAS affects public health, while engaging with the water sector and state regulators. EPA also considered 120,000 comments on the proposed rule from a wide variety of stakeholders.
In response to news about the new PFAS limits, the American Water Works Association released a statement saying it submitted extensive comments to the EPA on its proposed rule and is evaluating the content of the final regulation.
"As noted in AWWA’s comments on the proposed rule, the association is concerned that the rule’s health and financial impacts are not accurately characterized," reads the statement. "AWWA estimates the cost of the rule is more than three times higher than the agency’s calculations. The magnitude of these additional costs will lead to affordability challenges in many communities.
"The best way to keep our drinking water free from PFAS is to protect our precious source waters. 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."
Meanwhile, the Association of Metropolitan Water Agencies released a statement acknowledging the importance of regulating PFOA and PFOS but also raising a number of concerns about the EPA's decision. The association's own analysis indicates that the drinking water standards for PFOA and PFOS will cost community water system ratepayers hundreds, and in some cases thousands, of additional dollars per year.
"This will exacerbate the severe water affordability challenges already faced by communities from coast to coast," AMWA's statement reads. "This rulemaking represents a multi-billion-dollar unfunded mandate that will be borne by water system ratepayers across the country. While we appreciate that there is some Bipartisan Infrastructure Law funding available for utilities, the money will not cover the billions of dollars in operations and management costs that will be required as long as these chemicals are present in our nation's drinking water sources due to the manufacture and use of PFAS broadly in commerce."
AMWA added that rule would place additional pressure on communities already short on water infrastructure funds. "The final regulation for several PFAS will prove exceedingly costly for the communities and ratepayers across the country that are already struggling to replace lead service lines, address water scarcity and upgrade aging infrastructure," reads the statement. "There simply are not enough federal funds to offset the large increases in water bills that will be required to support utilities' operational and capital investments and EPA's growing list of mandates. Ultimately, additional federal support will be necessary to help community water systems maintain water affordability while also complying with EPA's new rules."
For its part, the EPA says it will work closely with state co-regulators in supporting water systems and local officials to implement the rule. In the coming weeks, the EPA will host a series of webinars to provide information to the public, communities and water utilities about the final PFAS drinking water regulation.
To learn more about the rule and the webinars, visit the EPA’s PFAS drinking water regulation webpage.
