Finalized Federal PFAS Regulations: What You Need to Know

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The U.S. Environmental Protection Agency (EPA) has finalized new federal regulations targeting per- and poly-fluoroalkyl substances (PFAS), a group of synthetic chemicals known for their persistence in the environment and potential health risks. These “forever chemicals” have been widely used in consumer products, from non-stick cookware to firefighting foam, and are now under stricter regulation due to their adverse health effects. Here’s a detailed look at what the finalized federal PFAS regulations entail for drinking water and the timeline for compliance.

Overview of the Finalized Regulations

The newly finalized federal PFAS regulations are aimed at reducing exposure to these harmful chemicals, protecting public health, and mitigating environmental impacts. Here are the key components of the regulations, including the legally enforceable levels, or Maximum Contaminant Levels (MCLs) set for PFAS in drinking water:

• Setting Maximum Contaminant Levels (MCLs):
  • The regulations establish the following enforceable MCLs for specific PFAS in drinking water:
    • PFOA (Perfluorooctanoic acid): 4 parts per trillion (ppt)
    • PFOS (Perfluorooctane sulfonic acid): 4 parts per trillion (ppt)
    • PFNA (Perfluorononanoic acid): 10 parts per trillion (ppt)
    • PFHxS (Perfluorohexane sulfonic acid): 9 parts per trillion (ppt)
    • PFBS (Perfluorobutane sulfonic acid): 2000 parts per trillion (ppt)
    • GenX Chemicals: 10 parts per trillion (ppt)
  • These MCLs represent the maximum allowable concentrations of these chemicals in public water systems and are designed to protect public health by minimizing exposure to harmful levels of PFAS.
• Hazard Index for PFAS Mixtures:
  • In addition to setting individual MCLs, the regulations introduce a hazard index for PFAS mixtures. This index is used to assess the combined risk from exposure to multiple PFAS that may be present together in drinking water.
    • What is the Hazard Index? The hazard index is a numerical value used to evaluate the cumulative risk posed by a mixture of different PFAS. It is calculated by summing the ratios of the measured concentration of each PFAS to its respective health-based reference level (such as its MCL).
    • Interpreting the Hazard Index: A hazard index greater than 1 indicates that the cumulative exposure to the mixture of PFAS exceeds the safe threshold, potentially posing a health risk. A value below 1 suggests that the combined exposure is within acceptable limits. The hazard index is a crucial tool for assessing the overall safety of water that may contain multiple PFAS contaminants, ensuring that the combined effect of these chemicals is considered.
• Monitoring and Reporting Requirements: Public water systems are required to monitor PFAS levels regularly and report their findings to both the Environmental Protection Agency (EPA) and the public. This ensures transparency and allows communities to stay informed about potential PFAS contamination. (See the timeline below.)
• Phased Elimination of PFAS in Consumer Products: The regulations mandate a phased elimination of certain PFAS from consumer products, pushing manufacturers to find safer alternatives. This affects products such as food packaging, textiles, and cookware, with specific deadlines for compliance.
• Remediation and Cleanup Efforts: The EPA will prioritize the cleanup of PFAS-contaminated sites, particularly those affecting drinking water sources. The regulations provide a framework for identifying and addressing these sites, ensuring that remediation efforts are both timely and effective.
• Support for Affected Communities: The regulations include provisions to support communities disproportionately affected by PFAS contamination, including funding for health studies, infrastructure improvements, and assistance with water treatment technologies.

Timing Required by the Finalized PFAS National Primary Drinking Water Regulation (NPDWR)

The PFAS NPDWR lays out a specific timeline that public water systems must follow to achieve compliance with the new standards. Here’s a breakdown of the key milestones:

1. Initial Monitoring (Within 3 Years):
   • Public water systems are required to begin monitoring for PFAS within 3 years (by 2027), followed by ongoing compliance monitoring. These water systems must also provide information to the public regarding PFAS levels in their drinking water beginning in 2027
2. Solution Implementation Period (By Year 5):
   • By 2029, public water systems must implement solutions that reduce PFAS if monitoring shows that drinking water levels exceed any of the PFAS MCLs or the hazard index.
3. Full Compliance and Reporting (After Year 5):
   • Beginning in 2029, public water systems that violate any of the PFAS MCLs or the hazard index must take action to reduce levels of PFAS in the drinking water and must provide notification of the violation to the public.

Implications of the Regulations

These finalized regulations mark a significant step in the fight against PFAS contamination, with far-reaching implications for various stakeholders:

• For Consumers: The regulations aim to reduce the presence of PFAS in drinking water and consumer products, leading to lower exposure and improved public health outcomes. As the regulations are implemented, consumers can expect safer products and cleaner water.
• For Industries: Manufacturers will need to adapt to the new regulations by eliminating PFAS from their products and complying with stricter monitoring and reporting requirements. While this may involve increased costs, it also drives innovation in the development of safer alternatives.
• For Environmental and Health Advocates: The regulations are a major victory for advocates who have long pushed for stricter controls on PFAS. The focus on remediation and community support is particularly significant for those in areas heavily affected by PFAS contamination.
• For Local Governments and Water Utilities: Local governments and water utilities will play a crucial role in implementing these regulations, particularly in monitoring and reporting PFAS levels. The regulations also provide the necessary resources for addressing contamination and protecting public health.

Conclusion

The finalized federal PFAS regulations are a crucial step in addressing the environmental and public health challenges posed by these persistent chemicals. By setting specific MCLs for PFAS in drinking water, introducing a hazard index for PFAS mixtures, and enforcing stricter controls on their use in consumer products, the regulations lay the groundwork for a future where PFAS contamination is better managed, and the associated risks are significantly reduced. Continued vigilance, innovation, and collaboration will be essential to ensure the success of these efforts as the regulations are implemented across the country.

Learn more about PFAS treatment options here. See how WaterSurplus helps municipalities address PFAS contamination here.