Environmental PFAS Regulations

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On April 10th, 2024 the EPA released the final National Primary Drinking Water Regulation for 6 PFAS. This National Primary Drinking Water Regulation (NPDWR) establishing legally enforceable levels, called Maximum Contaminant Levels (MCLs), for six PFAS in drinking water including PFOA, PFOS, PFHxS, PFNA, HFPO-DA (GenX Chemicals), and PFBS. The regulation sets Maximum Contaminant Levels (MCLs) to reduce health risks and improve public safety related to PFAS in drinking water.

Maximum Contaminant Levels (MCLs):

• PFOA and PFOS: MCL set at 4 parts per trillion (ppt), reflecting the most stringent limits.
• PFHxS, PFNA, HFPO-DA: MCLs set at 10 ppt for each.
• PFBS: Incorporated in a Hazard Index (HI) approach due to its likelihood of co-occurrence                                    with other PFAS, but MCL for PFBS alone is 2000 ppt.

Public Health Impacts:

• The regulation aims to prevent thousands of deaths and reduce tens of thousands of serious illnesses attributed to PFAS exposure.
• Known health effects include developmental, immune, cardiovascular, endocrine, and carcinogenic risks.

Implementation Timelines (for existing installations):

• Effective Date: June 25, 2024.
• Initial Monitoring: Public Water Systems (PWSs) must begin monitoring by April 26, 2027.
• Full Compliance Deadline: April 26, 2029, allowing time for infrastructure and treatment system upgrades.
• New installations are expected to meet the current regulations on start-up.

Monitoring and Reporting Requirements:

• Water systems must conduct initial and ongoing compliance monitoring.
• Data reporting includes consumer confidence reports and public notifications in case of violations.

Economic Analysis:

• Annual benefits estimated at $1.55 billion, closely matching projected costs.
• Benefits include reduced healthcare costs, improved public health, and long-term environmental recovery.
• The Bipartisan Infrastructure Law allocates over $20 billion to support infrastructure upgrades and PFAS mitigation, especially in disadvantaged communities.

This regulation marks a significant step in reducing PFAS water contamination in U.S. drinking water, providing health protections and addressing a long-standing environmental challenge.

Due to the urgency of the PFAS situation in the U.S., many states implemented their own PFAS regulations before the EPA issued the National Primary Drinking Water Regulation in April 2024. Thirteen states have established their own regulatory requirements, while others adhere to the federal EPA limits. The graph displaying these 13 states highlights the limits they set for PFOA and PFOS. Notably, all 13 states set higher limits for PFOA and PFOS than those established by the EPA.

States marked with an asterisk (*) set a total concentration limit of 20 parts per trillion (PPT) for five or six different PFAS compounds. Consequently, the effective limit for PFOA and PFOS is actually lower than what is shown. At first glance, it may appear that meeting federal drinking water standards for PFAS also satisfies state-level requirements; however, this is not always the case.

Adding to the complexity, some states—such as Maine, Massachusetts, Vermont, and Washington—have imposed limits on PFAS compounds not included in federal regulations, such as PFHpA and PFDA. Furthermore, several states have established lower limits for PFBS than the federal standards, as indicated in the graph. This underscores the fact that at the state level, the regulatory landscape for PFAS is even more intricate.

Federal PFAS Regulations & Efforts for Air:

• Clean Air Act (CAA): Currently, PFAS are not classified as hazardous air pollutants (HAPs) under the CAA. However, the Environmental Protection Agency (EPA) is actively researching PFAS air emissions to inform potential future regulations. This includes developing monitoring approaches for stack emissions and ambient air, as well as understanding the fate and transport of PFAS in the atmosphere.  Multiple states have petitioned to have PFAS added to the CAA.

State-Level Regulations:

• Michigan: The Michigan Air Quality Division has established health-based screening levels for PFOS and PFOA in outdoor air, setting them at 0.07 micrograms per cubic meter (µg/m³). 
• New Hampshire: The state has implemented a 24-hour ambient air limit for ammonium perfluorooctanoate (APFO) at 0.05 µg/m³ and an annual limit of 0.042 µg/m³.
• New York: Proposed regulations include setting an ambient air guideline concentration for PFOA at 0.0053 µg/m³. 

Federal PFAS Soil Regulations & Efforts:

• Environmental Protection Agency (EPA): While the EPA has established health advisories and regulations for PFAS in drinking water, federal soil standards are still under development. In January 2024, the EPA released Method 1633, a testing procedure for detecting 40 PFAS compounds in various environmental media, including soil. This method aids in monitoring and assessing PFAS contamination.

State-Level Soil Regulations:

• New Jersey: The New Jersey Department of Environmental Protection (NJDEP) has set interim soil remediation (and leachate) standards for several PFAS compounds, including PFOA, PFOS, PFNA, and GenX. These standards guide the cleanup of contaminated sites to protect public health and the environment. 
• Michigan: Michigan has established cleanup criteria for PFAS in soil, particularly focusing on PFOA and PFOS, to address contamination and guide remediation efforts. 
• Florida and New Hampshire: Both states have enacted legislation requiring their environmental agencies to establish soil regulations for various PFAS substances. regulatory landscape. 

Recent Developments:

• EPA's Draft Assessment on Biosolids: In January 2025, the EPA released a draft assessment highlighting health risks associated with PFAS in sewage sludge (biosolids) used as fertilizer. This assessment could inform future regulatory actions to mitigate PFAS contamination in soil resulting from biosolid application. 

In summary, while federal regulations on PFAS in soil are still emerging, several states have proactively established their own standards to address contamination. The regulatory landscape continues to evolve as more information becomes available and as agencies work to mitigate the environmental and health impacts of PFAS in soil.