EPA Issues National Primary Drinking Water Regulation

Today, the Biden Administration released a final National Primary Drinking Water Regulation for six PFAS – the first ever enforceable limit of so-called “forever chemicals”. This rule will directly impact districts that operate a non-transient, non-community water system (NTNCWS). The following states have a large number of NTNCWS and may be particularly impacted: CA, IN, ME, MD, NJ, NY, PA, VA, WI 

EPA estimates that about 100 million Americans are currently exposed to PFAS, but it is unclear at this time just how widespread PFAS contamination is and how many water systems will need to be treated as a result.

The final rule requires:

• Public water systems to monitor for these PFAS and gives them three years to complete initial monitoring (by 2027), followed by ongoing compliance monitoring. Water systems must also provide the public with information on the levels of these PFAS in their drinking water beginning in 2027.
• Public water systems have five years (by 2029) to implement solutions that reduce these PFAS if monitoring shows that drinking water levels exceed these MCLs.
• Beginning in five years (2029), public water systems that have PFAS in drinking water which violates one or more of these MCLs must take action to reduce levels of these PFAS in their drinking water and must provide notification to the public of the violation.

Funding is available through grants for public water systems to implement this new rule:

• Emerging Contaminants in Small or Disadvantaged Communities Grant Program - $1 billion for initial testing and treatments
• Small, Underserved, or Disadvantaged Communities Grant Program - $2 billion for participating states and territories to address emerging contaminants in drinking water, such as PFAS

Additional Resources:

• FAQ – Final PFAS Regulation
• Fact Sheet – Small and Rural Water Systems
• Fact Sheet – PFAS NPDWR Monitoring and Reporting