PFAS in Drinking Water: EPA Landmark Final Rule Establishing MCLs; Costly Requirements; Compliance Timeline

Description

The U.S. EPA recently issued its final rule, the National Primary Drinking Water Regulation, providing the first enforceable federal drinking water regulations for PFAS. The rule, effective June 25, 2024, establishes maximum contaminant levels (MCLs) for five individual PFAS in drinking water as well as a Hazard Index MCL for a mixture of two or more of four PFAS chemicals.

The final rule will have far-reaching effects on "public water systems" that include not only municipal drinking water plants but also localized facilities such as schools, hospitals, and office buildings that may have their own water processing systems. The rule's impact will also extend beyond directly regulated entities and become applicable at Superfund sites, likely resulting in an increased scope of cleanup, cleanup costs, and potentially responsible parties.

Compliance will require costly technological and capital improvements to meet the monitoring, sampling, and reporting requirements imposed by the final rule. Additionally, the final rule has mitigation and public notification requirements where drinking water violates one or more of the MCLs.

Although public water systems have three years (by 2027) to complete initial monitoring, given the expansive scope of the rule and its impact, counsel and their clients should understand the rule's ramifications and begin preparation now.

Listen as our expert panel takes an in-depth look at the EPA's final rule governing PFAS levels in drinking water and its impact on covered entities. The panel will also offer best practices for compliance.