Environmental Protection Agency Proposes First Federal Drinking Water Limits For PFAS

Recently, the United States Environmental Protection Agency (EPA) proposed the first federally enforceable drinking water limits for members of the widely used family of compounds commonly known as PFAS. EPA is proposing drinking water maximum contaminant levels (MCLs) for six per- and polyfluoroalkyl substances (PFAS). The levels for two common constituents, PFOA and PFOS, would be set at four parts per trillion (4 ppt), which is the level EPA says laboratories can reliably measure. Other constituent levels would be based on a Hazard Index, using combined levels of the constituents and a mathematical formula.

Identified as a priority emerging contaminant, PFAS are a class of human-made carbon-fluorine long-chain chemical bonds that have been widely used in a variety of waterrepellent non-stick applications, including firefighting foam, high-tech fabrics and consumer goods. While uses of certain PFAS compounds have been phased out, EPA notes that the chemicals are highly persistent and bioaccumulate. Uses of certain other PFAS compounds continue.

EPA says PFAS can enter drinking water through industrial releases to water, air or soil; discharges from wastewater treatment plants; land application of sewage sludge; and other sources.

The EPA’s proposal has been expected for some time and follows EPA’s 2021 PFAS Strategic Roadmap. The proposal would establish a National Primary Drinking Water Regulation under the Safe Drinking Water Act. It has been published in the Federal Register and is subject to public comments. EPA has said it wants to finalize the regulation by the end of 2023. When finalized, the requirements will apply to drinking water systems nationwide.

EPA has published a website for information about the proposed PFAS drinking water regulation, which contains background and technical links, along with webinar recordings.

If finalized in its current form, the regulation would have several other impacts. Beginning three years after the rule is finalized, water systems would begin monitoring for PFAS. Public notifications would be required within 30 days after a water system learns of a violation. Facilities that treat water to remove PFAS and other constituents will need to comply with appropriate waste handling and disposal requirements. Technical experts say the current methods for PFAS removal and disposal are inefficient and costly.

The proposal would set maximum contaminant level goals (MCLGs) at zero for certain PFAS compounds. Although not enforceable, such figures can come into play in public discussions about risks and potential constituent exposures.

Other environmental media programs will be affected as well. For example, MCLs often are used as screening tools

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EPA’s proposed PFAS regulation is likely the first of a series of legally enforceable standards affecting these widely used compounds. Stakeholders will want to participate in EPA’s public sessions and public comment process to be sure their perspectives are considered. They will want to follow proposed PFAS requirements and evaluate how those requirements may affect their operations and organizations.

Jim Price is a partner at Spencer Fane LLP in the firm's Kansas City office, where he is co-chair of the firm’s Environment and Energy Law Practice Group. His practice concentrates on environmental regulation and compliance, environmental litigation, and business transactions involving environmental issues. He has served as lead counsel for numerous environmental matters, including Superfund proceedings, Resource Conservation and Recovery Act corrective action, litigation, environmental transactions, and environmental permitting and compliance for solid waste, hazardous waste, water, air, and other matters. Learn more at www.spencerfane.com.

PFAS In Missouri’s Water

Since 2013, the Missouri Department of Natural Resources (MDNR) has performed PFAS occurrence monitoring projects for public drinking water supplies through federal and voluntary sampling programs. To date, these sampling efforts represent public water supplies that serve more than 76% of Missouri’s population. MDNR’s Missouri PFAS Viewer Tool identifies the location of voluntary sampling for PFAS in public drinking water systems in Missouri. Users can browse the map to explore PFAS-related data maintained by the Department.

The Per- and Polyfluoroalkyl Substances (PFAS) Workgroup is a stakeholder workgroup organized by the Missouri Department of Natural Resources in response to stakeholder concerns regarding this emerging contaminate. The workgroup is made up of MDNR team members and Missouri experts in the fields of wastewater, stormwater, drinking water, chemistry, analytical methods and environmental advocacy. The workgroup will be mainly dedicated to developing policies and tools regarding PFAS. MML has staff who represent the municipalities on this workgroup. If you would like to provide input into these policies, please reach out to MML at info@mocities.com

Beginning in 2022, MDNR began a voluntary PFAS sampling program for facilities renewing existing wastewater or stormwater permits. The intent of this program is to help facilities that potentially have PFAS in their effluent have data in place once EPA issues regulatory standards for PFAS chemicals in wastewater. For more information, please contact the Water Protection Program at (573) 522-2575.

2022-2023

Directory of Missouri Municipal Officials

Through 2026, Missouri will be allotted by EPA approximately $160 million to distribute for clean water and drinking water projects for treating emerging contaminants such as PFAS.

For more information, please contact the Financial Assistance Center at (573) 7511192 or fac@dnr.mo.gov.