The Environmental Protection Agency (EPA) announced a significant new regulation on April 10, 2024, aimed at protecting public health from harmful per- and polyfluoroalkyl substances (PFAS) chemicals found in drinking water. This rule, known as the National Primary Drinking Water Regulation (NPDWR) for PFAS, establishes the first-ever enforceable limits for these persistent contaminants.
PFAS, sometimes referred to as “forever chemicals,” are man-made chemicals used in a wide variety of industrial and consumer products. Studies have linked PFAS exposure to various health problems, including certain cancers, liver and immune system issues, and developmental problems in children.
The EPA’s new NPDWR for PFAS has three key goals:
- Reduce PFAS exposure in drinking water: The regulation sets enforceable Maximum Contaminant Levels (MCLs) for six specific PFAS chemicals. These MCLs establish the highest levels of these contaminants allowed in public water systems. The EPA estimates this will prevent PFAS exposure for over 100 million people nationwide.
- Protect public health: By limiting PFAS in drinking water, the EPA aims to reduce the risk of adverse health effects associated with chronic exposure to these chemicals. The MCLs are set at levels that the EPA considers protective of human health, based on the latest scientific understanding.
- Ensure ongoing monitoring and compliance: The NPDWR requires public water systems to begin monitoring for the regulated PFAS within three years (by 2027). If PFAS levels exceed the established MCLs, water systems must take action to reduce those levels within five years (by 2029). Additionally, the rule mandates public notification if a violation occurs.
The new regulation comes alongside $1 billion in funding allocated through the Bipartisan Infrastructure Law to support states and communities with implementing the PFAS NPDWR. These funds will be used to assist with PFAS testing and treatment at public water systems, as well as to aid private well owners in addressing PFAS contamination.
The final rule and associated documents, including the MCL table, can be found on the EPA website. This is an ongoing effort, and the EPA indicates it will continue to evaluate additional PFAS chemicals and consider further regulatory actions in the future.
How Can Businesses Avoid Costly Compliance Problems Associated with Environmental Issues?
Sound legal guidance is critical. Additionally, a proactive approach is essential for maintaining regulatory compliance. Our attorneys take an experienced, detail-oriented and collaborative approach to analyzing clients’ objectives and identifying potential issues to address them before they escalate into costly missteps.
What Agencies Are Responsible for Environmental Regulatory Compliance?
Depending on the subject matter, a multitude of state and federal agencies may come into play. They include the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, U.S. Department of Agriculture, California Environmental Protection Agency, California Department of Toxic Substances Control, California Water Quality Control Board, California Air Resources Board, and California Coastal Commission, to name just a few.
What Are the Biggest Challenges for Businesses Navigating Environmental Issues?
Environmental law is highly complex because it involves an intricate array of federal, state, and local legislation along with scientific and engineering concepts that require input from leading experts. Navigating those regulations and technical issues can be an ongoing challenge. Another major hurdle is defending against alleged violations, which may escalate to high-stakes litigation involving many potentially responsible parties. Our attorneys are well-equipped to represent clients in both regulatory and enforcement matters.
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Supporting Materials
General Information
Communications Toolkit
EPA has developed this toolkit of materials for entities that need to communicate about PFAS.
- General Fact Sheet: EPA’s Final Rule to Limit PFAS in Drinking Water (pdf) (162.7 KB)
- Frequently Asked Questions and Answers: Final PFAS National Primary Drinking Water Regulation (pdf) (217.8 KB)
- Fact Sheet: Reducing PFAS in Your Drinking Water with a Home Filter (pdf) (147.3 KB)
- Presentation: Overview EPA PFAS NPDWR (pdf) (447.1 KB)
- Press Release: Biden-Harris Administration Finalizes First-Ever National Drinking Water Standard to Protect 100M People from PFAS Pollution
Information for States, Tribes, and Water Systems
- Frequently Asked Questions and Answers for Drinking Water Primacy Agencies: Final PFAS National Primary Drinking Water Regulation (pdf) (283.7 KB)
- Fact Sheet: Understanding the Final PFAS National Primary Drinking Water Regulation Hazard Index Maximum Contaminant Level (pdf) (210.9 KB)
- Fact Sheet: Benefits and Costs of Reducing PFAS in Drinking Water (pdf) (162 KB)
- Fact Sheet: Small and Rural Water Systems (pdf) (212.3 KB)
- Fact Sheet: PFAS NPDWR Monitoring and Reporting (pdf) (521.6 KB)
- Fact Sheet: Treatment Options for Removing PFAS in Drinking Water (pdf) (189.6 KB)
- Fact Sheet: Comparison Between EPA’s Proposed and Final PFAS NPDWR (pdf) (176.8 KB)
Regulatory Information
- Pre-Publication Federal Register Notice: Final PFAS National Primary Drinking Water Regulation (pdf) (2.7 MB)
- Find additional supporting materials, including all EPA Technical Support Documents informing the final rule and EPA’s Response to Public Comments on the Proposed PFAS NPDWR. These documents, as well as all other supporting information for the Final PFAS NPDWR, will be available at www.regulations.gov under Docket ID: EPA-HQ-OW-2022-0114 once the final rule publishes in the Federal Register.