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Per- and Polyfluoroalkyl Substances (PFAS) [1]

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Date: 2021-11-16 10:43:52-05:00

Proposed PFAS National Primary Drinking Water Regulation

On March 14, 2023 , EPA announced the proposed National Primary Drinking Water Regulation (NPDWR) for six PFAS including perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA, commonly known as GenX Chemicals), perfluorohexane sulfonic acid (PFHxS), and perfluorobutane sulfonic acid (PFBS). The proposed PFAS NPDWR does not require any actions until it is finalized. EPA anticipates finalizing the regulation by the end of 2023. EPA expects that if fully implemented, the rule will prevent thousands of deaths and reduce tens of thousands of serious PFAS-attributable illnesses.

EPA is requesting public comment on the proposed regulation. The public comment period is now open following the proposed rule publishing in the Federal Register on March 29, 2023. Public comments can be provided at www.regulations.gov under Docket ID: EPA-HQ-OW-2022-0114. Comments must be submitted during the public comment period that ends on May 30, 2023. Information on submitting comments to EPA dockets can be found here.

EPA held an informational general overview webinar of the proposed PFAS NPDWR on March 16, 2023, and another informational webinar about the proposed PFAS NPDWR specifically for water utilities and the drinking water professional community on March 29, 2023.

EPA also held a public hearing on May 4, 2023, where EPA provided an overview presentation of the proposed PFAS NDPWR and members of the public provided verbal comments to EPA on the rule proposal. EPA will post the recording of the public hearing to this website as soon as possible.

Summary

EPA is proposing a National Primary Drinking Water Regulation (NPDWR) to establish legally enforceable levels, called Maximum Contaminant Levels (MCLs), for six PFAS in drinking water. PFOA and PFOS as individual contaminants, and PFHxS, PFNA, PFBS, and HFPO-DA (commonly referred to as GenX Chemicals) as a PFAS mixture. EPA is also proposing health-based, non-enforceable Maximum Contaminant Level Goals (MCLGs) for these six PFAS.

Compound Proposed MCLG Proposed MCL (enforceable levels) PFOA Zero 4.0 parts per trillion (also expressed as ng/L) PFOS Zero 4.0 ppt PFNA 1.0 (unitless) Hazard Index 1.0 (unitless) Hazard Index PFHxS PFBS HFPO-DA (commonly referred to as GenX Chemicals)

The proposed rule would also require public water systems to:

Monitor for these PFAS

Notify the public of the levels of these PFAS

Reduce the levels of these PFAS in drinking water if they exceed the proposed standards.

Supporting Materials

Background

Under the Safe Drinking Water Act, EPA has the authority to set enforceable National Primary Drinking Water Regulations (NPDWRs) for drinking water contaminants and require monitoring of public water systems. In March 2021, EPA published Regulatory Determinations for Contaminants on the Fourth Contaminant Candidate List which included a final determination to regulate PFOA and PFOS in drinking water. As a part of that final determination, EPA indicated it would also evaluate additional PFAS and consider regulatory actions to address groups of PFAS.

PFAS tend to co-occur with each other. This regulation will also remove many other PFAS when they co-occur with these six regulated PFAS. EPA is following recent peer-reviewed science that indicates that mixtures of PFAS can pose a health risk greater than each chemical on its own. Concurrent with the proposed PFAS NPDWR published on March 29, 2023, EPA also announced it is making preliminary regulatory determinations for PFNA, GenX Chemicals, PFHxS, and PFBS in accordance with the Safe Drinking Water Act regulatory development process. EPA proposes to regulate PFNA, GenX Chemicals, PFHxS, and PFBS using a Hazard Index formula.

PFAS NPDWR Consultations and Stakeholder Engagements

As required under the Safe Drinking Water Act and other federal Statutes and executive orders, EPA engaged in multiple consultations and stakeholder engagement activities as a part of the development of the proposed NPDWR for PFAS. Key consultations and engagements included:

Further Information

To learn more about PFAS and to find important background information to support understanding the details of specific actions EPA takes to address PFAS and other emerging events related to PFAS visit: https://www.epa.gov/pfas/pfas-explained.

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[1] Url: https://www.epa.gov/sdwa/and-polyfluoroalkyl-substances-pfas#:~:text=Proposed%20PFAS%20National%20Primary%20Drinking%20Water%20Regulation&text=The%20proposed%20PFAS%20NPDWR%20does,by%20the%20end%20of%202023.

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