What cities should know about the EPA’s new PFAS drinking water standards: Six takeaways

Per- and polyfluoroalkyl substances (PFAS) are a large, complex group of synthetic chemicals that have been used in everyday consumer products around the world since about the 1950s. For example, PFAS are used to make “nonstick coating” that keeps food from sticking to packaging or cookware, to make clothes and carpets resistant to stains, and to increase the efficacy of firefighting foam. PFAS are often referred to as “forever chemicals,” because their strong carbon-fluoride bonds don’t break down in nature.

On April 10, the U.S. Environmental Protection Agency (EPA) released the first-ever National Primary Drinking Water Regulation for certain PFAS. The new rule establishes legally enforceable maximum contaminant levels (MCL) for six PFAS, giving water systems until 2027 to complete required monitoring and until 2029 to implement solutions.

Here are six key takeaways that cities and towns should know about the new federal regulations, how the Washington State of Department of Health (DOH) is responding, and resources that are available:

1. Washington state has taken a proactive approach in reducing and eliminating PFAS by focusing on source contamination. The Legislature has passed bans PFAS in firefighting foam, cosmetics, and food contact paper, and has allowed the Departments of Ecology and Health to create an action plan which further restricts PFAS in carpets, indoor furnishings, and after-market sprays for waterproofing and stainproofing fabrics. Currently the state is considering action on PFAS in apparel, outdoor gear, firefighting gear, cleaning products, waxes and polishes, surface sealants, cookware, and kitchen supplies.

2. Washington state needs to move forward and adopt the new MCL—which is more stringent than current State Action Levels (SAL). Below is a comparison of SAL and the new MCL issued on April 10.

   Individual PFAS (measured in ng/L or parts per trillion)	WA State Action Levels (2021)	EPA MCL (2024)
   PFOA	10	4
   PFOS	15	4
   PFNA	9	10
   PFHxS	65	10
   GenX	–	10
   Group MCL (Hazard Index*)		HBWC used in hazard index*
   PFNA	9	10
   PFHxS	65	10
   PFBS	345	2,000
   GenX	–	10
   *Health-based water concentrations (HBWC) are the “acceptable” values used to create a ratio of observed/acceptable for each of 4 PFAS. If the ratios add up to more than 1.0, the hazard index MCL is exceeded, and action must be taken to lower PFAS.

3. In addition to more stringent measurable MCL in drinking water, the new EPA regulations also require new sampling actions, public notifications, and treatment:
   1. Within three years of rule promulgation (2024-2027), initial monitoring must be completed.
   2. Within three years following rule promulgation (2027-2029), results of initial monitoring must be included in Consumer Confidence reports, regular monitoring for compliance must begin, and results of compliance monitoring must be included in Consumer Confidence Reports. Additionally, public notification for monitoring and testing violations must be issued.
   3. Starting five years following rule promulgation (2029), drinking water systems must comply with all MCLs and public notification for MCL violations.

4. We still don’t have a complete picture of where PFAS are in Washington state’s drinking water. DOH recently rolled out a new dashboard showing drinking water testing at Group A public water systems. This system shows where testing has happened under the state rule and does not contemplate new MCLs, military testing, private well results, or historical water testing results. Eligible water systems can voluntarily enroll in the Office of Drinking Water’s free PFAS Sampling Project.

5. Municipal drinking water, wastewater and stormwater utilities, landfills and solid waste, airports, and fire departments are all passive receivers. Local government liability protection is essential to ensuring adherence to a “polluter pays” model, rather than shifting the financial burden onto the community and taxpayers. Cities and towns should continue to contact their Congressional delegation to urge a narrow exemption from liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

6. Funding opportunities are available for emerging contaminants like PFAS. The federal government has funding opportunities for water systems to take advantage of, including $2 billion in the Emerging Contaminants and Small or Disadvantaged Communities (EC-SDC) Grant Program and emerging contaminants funding authorized under the Bipartisan Infrastructure Law (BIL).