Understanding the Final PFAS NPDWR: What You Need to Know

On April 10, 2024, a significant milestone was achieved in the realm of environmental regulation in the United States as the Environmental Protection Agency (EPA) announced Maximum Contaminant Level Goal (MCLG) and Maximum Contaminant Level (MCL) for five individual PFAS compounds. These include PFOA, PFOS, PFNA, PFHxS, and HFPO-DA (GenX Chemincals). Additionally, the EPA introduced an enforceable Hazard Index (HI) MCL for any mixture containing two or more of PFNA, PFHxS, PFBS, and HFPO-DA. The MCLs are to be determined by running annual average.

Monitoring Methods

To ensure compliance with these regulations, the EPA has outlined specific monitoring methods. Water systems are expected to adhere to EPA Methods 533 and/or 537.1 to accurately measure the presence of PFAS compounds in their water sources.

Compliance and Impact

Community Water Systems (CWSs) and Non-Transient Non-Community Water Systems (NTNCWSs) bear the primary responsibility for compliance with the final PFAS drinking water regulation. Moreover, state, territorial, and Tribal Agencies will also be affected, particularly when they assume primary responsibility for implementing and enforcing these regulations.

Over 66,000 public water systems (PWSs) fall under the purview of this rule. While the majority of these systems will primarily need to conduct monitoring to confirm compliance with the regulatory standards, an estimated 6‒10% may require action to reduce PFAS levels to meet the new standards.

Water systems may be permitted to utilize previously collected monitoring data to fulfill some or all of the initial monitoring requirements. However, supplementary data may be necessary to satisfy all the stipulated requirements of the final rule.

Implementation Timeline

The implementation of the PFAS NPDWR unfolds in stages:

Initial Monitoring (2024─2027): Within three years of the final rule promulgation, water systems must complete initial monitoring at all entry points to the distribution system. The frequency of initial monitoring varies based on the utility type and population served by the system.

Ongoing Monitoring (2027─2029): Beginning three years after the final rule promulgation, water systems must conduct ongoing compliance monitoring at all entry points to the distribution system, with the ongoing frequency determined by the results of the initial monitoring.

Compliance (Starting 2029): Five years following the final rule promulgation, water systems must comply with all regulated PFAS MCLs and provide public notification for violations.

State Responsibilities

States are tasked with adopting requirements and applying for approval (known as primacy) to oversee the implementation of these regulations within their jurisdictions. It is crucial for states to ensure that their regulations are no less stringent than those promulgated by the EPA, with guidance provided by the EPA to support this process.

The final PFAS NPDWR represents a significant step forward in safeguarding the quality of drinking water across the United States. By implementing these regulations, water systems can mitigate the presence of harmful PFAS compounds, thereby protecting public health and the environment.

Eurofins operates two of the largest drinking water testing laboratories in the United States, serving over 7,000 municipalities, bottlers, and federal agencies like the EPA and U.S. Military. Both laboratories have been audited and accredited by EPA in support of special regulatory programs (TNI, ICR, UCMR, SDWA and LT2). With extensive experience spanning over 20 years, Eurofins is a market leader in drinking water analysis, offering PFAS testing services including EPA 537.1, EPA 533, EPA 1633, EPA 1621, and proprietary in-house methodology. Eurofins collaborates closely with regulatory bodies on analytical methods, detection limit feasibility relative to proposed regulatory thresholds, best practices and acceptable precision & accuracy to ensure compliance and advanced knowledge in the field.