On March 14, the U.S. Environmental Protection Agency (EPA) announced a new proposed National Primary Drinking Water Regulation (NPDWR) for six per- and polyfluoroalkyl substances (PFAS). The proposed rule, which is an element of the EPA’s PFAS Strategic Roadmap, would establish both enforceable Maximum Contaminant Levels (MCLs) and non-enforceable Maximum Contaminant Level Goals (MCLGs) for the six types of PFAS. Public water systems, including those owned or operated by counties, would be required to comply with the MCLs. Comments on the proposed rule will be due May 30.

PFAS are synthetic chemicals that have been used in a wide variety of commercial, industrial and military applications. Studies have shown that exposure to PFOA and PFOS is harmful to human health and the environment and are highly durable. While PFOA and PFOS are no longer manufactured in the U.S., they continue to persist in the environment and have been detected in soil, surface water, groundwater and public water supplies in numerous locations.

The proposed rules applies to six types of these chemicals, including perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA, more commonly known as GenX), perfluorohexane sulfonic acid (PFHxS) and perfluorobutane sulfonic acid (PFBS). EPA will set individual limits on PFOA and PFOS and a limit on a combination of PFNA, GenX, PFHxS and PFBS.

The proposed rule would set MCLs and MCLGs at the following levels:

*EPA will provide water systems with an online hazard index calculator. 

Under the proposed rule, public water systems will be required to monitor and inform the public of PFAS levels. If the levels of PFAS exceed the proposed MCL they will be required to take action to lower them.

EPA will host an informational webinar on the proposed rule for water utilities on March 29 (register here). Additionally, EPA will host a virtual public hearing on May 4, where the Agency will take oral comments on the proposed rule (register here).

Counties are dedicated to addressing concerns related to PFAS exposure and protecting the health and wellbeing of our residents. NACo supports efforts by the EPA and other federal agencies to study the health and environmental impacts of PFAS compounds, but urges the EPA to work with counties and other local governments to determine the best way to address PFAS in the environment. Counties call on federal policymakers to work closely with local governments throughout the rulemaking process.