EPA proposes National Primary Drinking Water Regulations for PFAS

-
BlogOn March 14, the U.S. Environmental Protection Agency announced a new proposed National Primary Drinking Water Regulation for six per- and polyfluoroalkyl substances (PFAS).EPA proposes National Primary Drinking Water Regulations for PFAS
-
Blog
EPA proposes National Primary Drinking Water Regulations for PFAS
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:
Type of PFAS
Proposed MCL (enforceable)
Proposed MCLG (unenforceable)
PFOA
4 parts per trillion
Zero
PFOS
4 parts per trillion
Zero
PFNA
1.0 (unitless) azHaHHHazard Index*
1.0 (unitless) Hazard Index*
GenX
PFHxS
PFBS
*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.
On March 14, the U.S. Environmental Protection Agency announced a new proposed National Primary Drinking Water Regulation for six per- and polyfluoroalkyl substances (PFAS).2023-03-27Blog2023-04-03
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:
Type of PFAS |
Proposed MCL (enforceable) |
Proposed MCLG (unenforceable) |
PFOA |
4 parts per trillion |
Zero |
PFOS |
4 parts per trillion |
Zero |
PFNA |
1.0 (unitless) azHaHHHazard Index* |
1.0 (unitless) Hazard Index* |
GenX |
||
PFHxS |
||
PFBS |
*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.

About Sarah Gimont (Full Bio)
Associate Legislative Director – Environment, Energy & Land Use
Sarah is the associate legislative director for environment, energy and land use policy.More from Sarah Gimont
-
Blog
EPA opens $235 million in grants to assess and clean brownfield sites
On September 26, the U.S. Environmental Protection Agency announced $235 million in grants available under EPA’s Brownfields Multipurpose, Assessment, and Cleanup program. These grants will help counties assess and clean up polluted and vacant brownfield sites, including sites contaminated by hazardous substances, pollutants, contaminants, or petroleum. -
Blog
The County Countdown – September 13, 2023
Every other week, NACo’s County Countdown reviews top federal policy advocacy items with an eye towards counties and the intergovernmental partnership. Watch the video and explore NACo resources below on some of the top issues we are covering this week. -
Blog
The County Countdown – August 7, 2023
Every other week, NACo’s County Countdown reviews top federal policy advocacy items with an eye towards counties and the intergovernmental partnership. -
Webinar
Exploring Outdoor Recreation as a Component of Economic Diversification
Jul. 27, 2023 , 3:00 pm – 4:00 pmJoin the BRECC National Network for a conversation on outdoor recreation as a viable component to build a robust, diverse local economy. Learn more about research trends linked to outdoor recreation economic development, small business ecosystems and resources that could support coal communities. -
Blog
How counties can use the new elective pay mechanism to finance clean energy projects
On June 14, the U.S. Department of the Treasury and the Internal Revenue Service issued proposed regulations on elective pay (otherwise known as direct pay), a new tax credit delivery mechanism established in the Inflation Reduction Act. -
Blog
The County Countdown – July 10, 2023
Every other week, NACo’s County Countdown reviews federal advocacy updates on topics related to counties and the intergovernmental partnership. Watch the video above for your intergovernmental policy bulletin, and explore below for NACo's resources on the key issues we covered this week.
-
Basic page
Environment, Energy & Land Use Steering Committee
Responsible for all matters pertaining to air, water, energy, and land use, including water resources/management, stormwater, pesticides, air quality standards, solid, hazardous, and nuclear waste handling, transport, and disposal, national energy policy, renewable/alternative energy, alternative fuel vehicles, energy facility siting, electricity utility restructuring, pipeline safety, oil spills, superfund/brownfields, eminent domain, land use, coastal management, oceans, parks and recreation.pagepagepage<p>Responsible for all matters pertaining to air, water, energy, and land use, including water resources/management, stormwater, pesticides, air quality standards, solid, hazardous, and nuclear waste handling, transport, and disposal,
-
Reports & Toolkits
Implementing Infrastructure Investments at the County Level: The Bipartisan Infrastructure Law (P.L. 117-58)
As intergovernmental partners, counties play a key role in ensuring the successful interpretation and implementation of the BILReports & Toolkitsdocument100710:00 amReports & Toolkits<table border="1" cellpadding="1" cellspacing="1" style="width:100%" summary="call-out transparent jump">
<tbody>
<tr>
<td>
Contact
-
Associate Legislative Director – Environment, Energy & Land Use(202) 942-4254
Related Posts
-
BlogEPA opens $235 million in grants to assess and clean brownfield sitesOct. 3, 2023
-
BlogThe County Countdown – September 13, 2023Sep. 13, 2023
-
BlogThe County Countdown – August 7, 2023Aug. 7, 2023
Related Resources
-
Policy BriefUrge Congress and EPA to Consult with Counties on any Future Regulations on PFASJul. 7, 2023
-
Reports & ToolkitsLegislative Analysis for Counties: Federal Permitting Provisions in the Fiscal Responsibility ActJun. 23, 2023
-
DocumentDept. of Defense: REPI Resilience Project Funding GuideApr. 17, 2023
More From
-
Legislative Analysis for Counties: The Consolidated Appropriations Act of 2023
This analysis includes funding highlights for key programs impacting counties.
Learn More