EPA finalizes its PFAS Rule

Last Wednesday the U.S. EPA finalized the national primary drinking water standards for six types of poly- and perfluoroalkyl substances commonly called PFAS, commonly referred to as forever chemicals because they do not beak down in nature.  PFAS do not occur in nature, they are an entirely synthetic substance. Yet, most people in the United States have been exposed to PFAS and have PFAS in their blood, especially perfluorooctane sulfonic acid (PFOS) and perfluorooctanoic acid (PFOA).

• For PFOA and PFOS the U.S. EPA is setting enforceable Maximum Contaminant Levels (MCLs) at 4.0 parts per trillion for PFOA and PFOS, individually.  This standard will reduce exposure from these PFAS in our drinking water to the lowest levels that are feasible for effective implementation -a level they can be reliably measured.
• In addition, for PFOA and PFOS, EPA is setting a non-enforceable health-based goal of zero. This is called a Maximum Contaminant Level Goal (MCLG).  This reflects the official position that the latest science shows that there is no level of exposure to these two PFAS without risk of health impacts.
• For PFNA, PFHxS, and HFPO-DA (GenX Chemicals), EPA is setting MCLGs of 10 parts per trillion
• PFNA, PFHxS, PFBS, and GenX Chemicals: EPA is also proposing a regulation to limit any mixture containing one or more of PFNA, PFHxS, PFBS, and/or GenX Chemicals. For these PFAS, water systems would use a hazard index calculation, defined in the proposed rule, to determine if the combined levels of these PFAS pose a potential risk.

According to the EPA, public water systems have five years (by 2029) to implement solutions that reduce these PFAS if monitoring shows that drinking water levels exceed these MCLs.

Within three years of rule promulgation (2024 – 2027) the regulated water utilities must complete the initial monitoring for PFAS.

Then over the next two years (2027 – 2029) results of initial monitoring must be included in Consumer Confidence Reports, compliance monitoring must begin, and the Public must be notified of levels that exceed the regulatory limit.

Starting in 2029, five years after this rule promulgation all water utilities must comply with all MCLs and the public notified of any MCL violation. There are 66,000 public drinking water systems subject to this rule. EPA estimates that only between 6% and 10% of the 66,000 public drinking water systems subject to this rule may have to take action to reduce PFAS to meet these new standards. Compliance with this rule is estimated to cost approximately $1.5 billion annually for hose water systems.

The final PFAS rule does not dictate how water systems remove these contaminants. This allows the water utilities to determine the best solutions for their community and there are several treatment options that the EPA reports are proven to work. These treatment options are;  granular activated carbon, reverse osmosis, and ion exchange systems. In some cases, EPA suggests that water utilities can close contaminated wells or obtain new uncontaminated source of drinking water.

Our own Fairfax Water that supplies Prince William County as a water wholesaler to American Water and Prince William Service Authority says: “Due to decades of use, PFAS are everywhere in the environment. Industrial sites might release PFAS into the water or air. Consumer and household products containing PFAS enter landfills and are washed down the drain. Because of their chemical composition, PFAS do not break down naturally and can be found throughout the environment in surface water, groundwater, air, and soil. They build up in the environment over time, eventually entering our bodies through food and drinking water.”

“Our data shows that the PFNA, HFPO-DA (commonly known as GenX chemicals), PFHxS, and PFBS levels in our water are all below the MCLs and HI. PFOA and PFOS results for Potomac treated water are less than the MCL of4.0 parts per trillion (ppt). PFOA and PFOS results for the Griffith Water Treatment Plant, which treats water from the Occoquan Reservoir, are slightly above the MCL of 4.0 ppt. Fairfax Water is evaluating treatment processes to ensure that our water will meet these standards.”

Fairfax Water is a large water utility, the largest in Virginia. PFAS contamination can have a disproportionate impact on small, disadvantaged, and rural communities, and there is federal funding available specifically for these water systems. The EPA points out that the Bipartisan Infrastructure Law  dedicates $9 billion specifically to invest in communities with drinking water impacted by PFAS and other emerging contaminants. $1B of these funds can be used to help private well owners. Unfortunately there are over millions of private wells in the United States serving about 14% of the population owners and that funding will not go very far.