04/15/2024 | Press release | Distributed by Public on 04/15/2024 11:02
04.15.2024
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Updates
The final rule on the National Primary Drinking Water Regulation (NPDWR) for per- and polyfluoroalkyl substances (PFAS) was announced by the U.S. Environmental Protection Agency (EPA) on April 10, 2024. This Update summarizes the rule and analyzes its implications for regulated entities.
Background
After considering 120,000 comments, EPA issued the first federal standards for PFAS in drinking water. The new rule will be effective 60 days after the date of publication in the Federal Register. In response to concerns over economic feasibility and implementation challenges, EPA extended the compliance deadline from three to five years, while continuing to claim that health risk reductions justify the regulation without needing to factor in all the costs.[1]
The Biden administration also announced nearly $1 billion in funding to help states and territories implement PFAS treatment measures through the Bipartisan Infrastructure Law.
Highlights of the Final Rule
The regulation primarily focuses on PFOA and PFOS, setting the Maximum Contaminant Level Goals (MCLGs) at zero due to potential carcinogenicity and Maximum Contaminant Levels (MCLs) at 4 parts per trillion (ppt).[2] For PFHxS, PFNA, and GenX, the MCL and MCLG are 10 ppt. A Hazard Index (HI) of 1.0 will be applied to mixtures involving two or more of PFHxS, PFNA, GenX, and PFBS.[3]
Compound |
Final MCLG |
Final MCL |
PFOA | 0 | 4.0 ppt |
PFOS | 0 | 4.0 ppt |
PFHxS | 10 ppt | 10 ppt |
PFNA | 10 ppt | 10 ppt |
HFPO-DA (GenX) | 10 ppt | 10 ppt |
Mixtures containing two or more of PFHxS, PFNA, HFPO-DA, and PFBS |
1 (unitless) |
1 (unitless) Hazard Index |
Takeaways
Endnotes
[1] Register Notice at 7, 108.
[2] Id. at 125, 165. MCLs are enforceable, and the MCLGs are intended to be health-based but are non-enforceable.
[3] A hazard index is the sum of hazard quotients from multiple substances. A hazard quotient is the ratio of exposure to substances and the level at which adverse effects are not anticipated to occur. Id. at 166.
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