The U.S. Environmental Protection Agency is out with a 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 regulation does not require any action until it is finalized. The 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.

The EPA is requesting public comment on the proposed regulation. The public comment period will open following the proposed rule publishing in the Federal Register. Public comments can be provided at that time at www.regulations.gov under Docket ID: EPA-HQ-OW-2022-0114. Information on submitting comments to EPA dockets can be found here.

The EPA has scheduled two informational webinars about the proposed PFAS regulation on March 16 and March 29. The webinars will be similar, with each intended for specific audiences. Registration is required to attend. The webinar recordings and presentation materials will be made available following the webinars on the website. For questions related to the public webinars, contact PFASNPDWR@epa.gov. 

• March 16, 2023 (2:00-3:00 pm Eastern Time) Webinar Registration: General Overview of Proposed PFAS NPDWR
• March 29, 2023 (2:00-3:00 pm Eastern Time) Webinar Registration: Technical Overview of Proposed PFAS NPDWR

EPA has also scheduled a public hearing on May 4 wher members of the public can register to attend and provide verbal comments to EPA on the rule proposal. Registration is required to attend and the last day to register to speak at the hearing is April 28. For questions related to the public hearing, contact PFASNPDWR@epa.gov. 

• May 4, 2023, Proposed PFAS NPDWR Public Hearing Registration

Summary

The 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. 

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.