PFAS Update: EPA Proposes Restrictive Drinking Water Standards for PFAS

Earlier this year EPA proposed the first ever federal Maximum Contaminant Levels (MCLs) for Per- and Polyfluoroalkyl Substances (PFAS) in drinking water, which are some of the lowest MCLs ever proposed by a federal agency. The proposed National Primary Drinking Water Regulation (NPDWR) covers 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). This is the first ever Federal action to promulgate legally enforceable PFAS thresholds in drinking water, which requires public water systems to:

• Monitor for these PFAS in drinking water,
• Notify the public of the levels of these PFAS in drinking water, and
• Reduce the levels of PFAS in drinking water if they exceed the proposed standards.

This EPA action includes two PFAS (PFOA and PFOS) with a proposed MCL of 4.0 parts per trillion (ppt). An additional four PFAS (PFNA, PFHxS, PFBS, and GenX) have a combined PFAS Mixture hazard index (HI) approach rather than compound-specific MCLs. The PFAS Mixture HI MCL is the sum of component hazard quotients (HQs), which are calculated by dividing the measured component PFAS concentration in water by the relevant Health-Based Water Concentration (HBWC). The HBWC for each is as follows:

Increased Public Water Testing

These very restrictive drinking water standards introduce a significant burden on public water systems for analytical testing, monitoring, investigations and cleanup of PFAS. This is a large burden, since PFAS are environmentally ubiquitous and costly to test for and remediate. States and local public water systems are already using litigation to seek compensatory damages from alleged PFAS polluters and other responsible parties to help cover the cost of complying with the proposed MCLs. In addition, the establishment of these MCLs will likely drive state and regional public policy and cleanup orders for PFAS contaminated sites, even if drinking water is not impacted.

Facilities with any historical usage, storage or spill incidents that involve PFAS materials, such as fuel storage, manufacturing and others, should be wary of potential liability. By way of example, there are numerous ongoing court cases and litigations currently across the United States that are related PFAS, many of which have resulted in large penalties and settlement for manufacturers and responsible parties, including:

• 3M reaches civil settlement worth $10.3 billion for PFAS contamination in public drinking water systems.
• State of Arizona seeking damages from 30 named companies for polluting groundwater with PFAS.
• State of Michigan requires a plastics production facility to investigate PFAS in soil, groundwater, and surface water discharged from their former facility, and to undertake response actions to address levels that exceed state criteria.
• Composting facility in Massachusetts ordered by the State to pay damages to local residents and pay for cleanup of PFAS leached into groundwater from its operations after local drinking water had PFAS levels above state acceptable thresholds.

Trinity Expert Services

Trinity anticipates these proposed MCLs will only increase future litigations and potential cleanup costs related to PFAS. If you would like to discuss potential PFAS issues or liability at your facilities, please contact your local Trinity office or John Goetze ([email protected]) or Steve Walters ([email protected]).

Trinity’s large team of environmental consultants routinely assists clients in completing strategic analyses and assessments associated with facility expansions, compliance interpretations, and regulatory risk management. This customized content comes in various forms including memos outlining permitting impact options, regulatory white papers, business processes mapping, and site-specific monitoring plans. Trinity’s internal Knowledge Management System, a state-of-the-art information technology platform, is an invaluable tool for executing strategic compliance projects. The system enables our consultants to access institutional knowledge through the real time exchange of information and thereby leverage the depth and breadth of our environmental expertise across hundreds of consultants to help our clients make sound business decisions.

There are a multitude of PFAS regulations in development that will impact facilities in a wide variety of industries that currently use PFAS or have had historic usage. Trinity is experienced and well suited to guide facilities through PFAS investigations on a detailed site-specific basis. Our industrial knowledge and PFAS expertise enable our teams to pinpoint exactly where to look for PFAS and then evaluate potential regulatory and liability considerations. Typical recommendations for facilities involve reviewing new product formulations; examining and managing releases to air, water, and solid waste; and establishing data gathering procedures to track PFAS onsite.