If you haven’t already heard, the Environmental Protection Agency (EPA) has finalized new maximum contaminant levels (MCLs) for per- and polyfluoroalkyl substances (PFAS), which affects drinking water systems nationally. Prior to this announcement, there were guidance levels available, which were interpreted state-by-state. While many public water systems have been expecting new regulations for many years, the unknown of when they would be released led to uncertainty for how to prepare. Now, finalized MCLs for PFAS compounds are set and our country can begin working towards reducing PFAS levels in drinking water.
Defining PFAS
PFAS are a group of chemicals which include the more well-known perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS). These chemicals are often found in water- and fire-resistant clothing, non-stick pans, carpeting, and materials with repellant properties. PFAS are ubiquitous in the environment and many water systems are impacted by them.
Now is a great time to consider what changes may need to be implemented for your systems to be compliant with the new regulations."
Leigh Dudley
Outlining the New Requirements
At this time, the new EPA regulations only affect public water systems, of which there are more than 150,000 in the U.S. According to the EPA, the new rules require that:
- Public water systems must monitor for PFAS and have three years to complete initial monitoring (by 2027), followed by ongoing compliance monitoring. Water systems must also provide the public with information on the levels of PFAS in their drinking water beginning in 2027.
- Public water systems have five years (by 2029) to implement solutions that reduce PFAS if monitoring shows that drinking water levels exceed MCLs
- Beginning in five years (2029), public water systems that have PFAS in drinking water which violates one or more of these MCLs, must take action to reduce levels of PFAS in their drinking water and provide notification to the public of the violation
Now What?
The specifics of next steps may look different for each system, but generally, if you represent public water system(s), you should be prepared to:
- Begin sampling and gathering data if you’ve not already begun. This is a complex process that requires specialized collection techniques. For example, we’re currently working with a municipal client to properly collect data from their system, which includes avoiding specific personal care products, wearing specialized clothing, and using dedicated materials to collect samples.
- Long lead times for data analytics should be anticipated as laboratories are currently experiencing high volumes and backlog for PFAS
- Evaluate which technology is most appropriate to remove the specific type of PFAS and address levels that are present in your system
- Find funding to pay for data collection, sampling, and necessary technology. In addition to the new PFAS regulations, the Biden-Harris administration announced $1 billion is newly available funds through the Bipartisan Infrastructure Law, which can be used for initial PFAS testing and treatment.
- Working with a consultant who can help you navigate the processes of securing this funding for your project will be a critical first step towards successful compliance
- Industry standard best practices for preliminary steps for your considerations also include evaluating your communication plan and consulting with your legal counsel
If you’re in the middle of master planning or intend to complete one in the coming years, be aware that additional regulations may be on their way for other elements, like biosolids or wastewater. Right now, we’re supporting several clients with their master plans as they try to wrap their arms around what these new PFAS regulations mean for their systems and how to incorporate necessary technologies into them. Now is a great time to consider what changes may need to be implemented for your systems to be compliant with the new regulations.