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Per- and Polyfluoroalkyl Substances (PFAS)

Proposed PFAS National Primary Drinking Water Regulation

On March 14, 2023, EPA announced the proposed National Primary Drinking Water Regulation (NPDWR) for 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). The proposed PFAS NPDWR does not require any actions until it is finalized. EPA anticipates finalizing the regulation by the end of 2023. EPA expects that if fully implemented, the rule will prevent thousands of deaths and reduce tens of thousands of serious PFAS-attributable illnesses.

EPA is requesting public comment on the proposed regulation. The public comment period is now open following the proposed rule publishing in the Federal Register on March 29, 2023. Public comments can be provided at www.regulations.gov under Docket ID: EPA-HQ-OW-2022-0114. Comments must be submitted during the public comment period that ends on May 30, 2022. Information on submitting comments to EPA dockets can be found here.

EPA held an informational general overview webinar of the proposed PFAS NPDWR on March 16, 2023, and will be holding another informational webinar about the proposed PFAS NPDWR specifically for water utilities and the drinking water professional community on March 29, 2023. Registration is required to attend. The webinar recordings and presentation materials will be made available following the webinars at this website. For questions related to the public webinars, contact PFASNPDWR@epa.gov. 

EPA will also be holding a public hearing on May 4, 2023, where members of the public can register to attend and provide verbal comments to EPA on the rule proposal. Registration is required to attend and the last day to register to speak at the hearing is April 28, 2023. For questions related to the public hearing, contact PFASNPDWR@epa.gov. 

Summary

EPA is proposing a National Primary Drinking Water Regulation (NPDWR) to establish legally enforceable levels, called Maximum Contaminant Levels (MCLs), for six PFAS in drinking water. PFOA and PFOS as individual contaminants, and PFHxS, PFNA, PFBS, and HFPO-DA (commonly referred to as GenX Chemicals) as a PFAS mixture. EPA is also proposing health-based, non-enforceable Maximum Contaminant Level Goals (MCLGs) for these six PFAS. 

Compound

Proposed MCLG

Proposed MCL (enforceable levels)

PFOA

Zero

4.0 parts per trillion (also expressed as ng/L)

PFOS

Zero

4.0 ppt

PFNA

1.0 (unitless)

Hazard Index

1.0 (unitless)

Hazard Index

PFHxS

PFBS

HFPO-DA (commonly referred to as GenX Chemicals)

The proposed rule would also require public water systems to:

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

Supporting Materials

Background

Under the Safe Drinking Water Act, EPA has the authority to set enforceable National Primary Drinking Water Regulations (NPDWRs) for drinking water contaminants and require monitoring of public water systems. In March 2021, EPA published Regulatory Determinations for Contaminants on the Fourth Contaminant Candidate List which included a final determination to regulate PFOA and PFOS in drinking water. As a part of that final determination, EPA indicated it would also evaluate additional PFAS and consider regulatory actions to address groups of PFAS.

PFAS tend to co-occur with each other. This regulation will also remove many other PFAS when they co-occur with these six regulated PFAS. EPA is following recent peer-reviewed science that indicates that mixtures of PFAS can pose a health risk greater than each chemical on its own. Concurrent with the proposed PFAS NPDWR published on March 29, 2023, EPA also announced it is making preliminary regulatory determinations for PFNA, GenX Chemicals, PFHxS, and PFBS in accordance with the Safe Drinking Water Act regulatory development process. EPA proposes to regulate PFNA, GenX Chemicals, PFHxS, and PFBS using a Hazard Index formula.

PFAS NPDWR Consultations and Stakeholder Engagements

As required under the Safe Drinking Water Act and other federal Statutes and executive orders, EPA engaged in multiple consultations and stakeholder engagement activities as a part of the development of the proposed NPDWR for PFAS. Key consultations and engagements included:

  • Webinar on Preparing Communities to Engage in EPA's Upcoming Proposed PFAS Drinking Water Regulatory Process: EPA held a public webinar on November 2, 2022, to provide information to communities about PFAS in drinking water, actions under the Safe Drinking Water Act to develop the proposed PFAS NDPWR, and how to participate in the rulemaking process and offer EPA input on the proposed rule once it is published. 
  • Science Advisory Board (SAB): EPA transmitted to the Science Advisory Board four draft documents with recent scientific data and new analyses that indicate that negative health effects may occur at much lower levels of exposure to PFOA and PFOS than previously understood. The draft documents presented EPA’s initial analysis and findings with respect to this new information.  EPA made these draft documents available to the public to ensure a transparent and robust evaluation of the available information.
  • Environmental Justice Considerations for the Development of the Proposed PFAS NPDWR: EPA held two identical virtual public meetings to share information and provide opportunities for communities to offer input on environmental justice considerations related to the development of the proposed PFAS NPDWR. The meetings were held on March 2, 2022, and April 5, 2022. 
  • Regulatory Flexibility Act/Small Business Regulatory Flexibility Act: EPA invited small entities, specifically public water systems serving 10,000 or fewer people, to participate as Small Entity Representatives (SERs) for a Small Business Advocacy Review (SBAR) Panel that focused on the Agency’s efforts to develop a proposed PFAS NPDWR. When taking action on PFAS, EPA intends to ensure that small entities, particularly those in disadvantaged communities, are fully engaged in solutions. For more information about the SBAR panel, please see https://www.epa.gov/reg-flex/potential-sbar-panel-pfas-national-primary-drinking-water-regulation.
  • Other Consultations and Engagements: EPA consulted with other stakeholders in 2022, including the National Drinking Water Advisory Council, State and Local Government Officials, Tribal Officials, and others. 

Further Information

To learn more about PFAS and to find important background information to support understanding the details of specific actions EPA takes to address PFAS and other emerging events related to PFAS visit: https://www.epa.gov/pfas/pfas-explained.

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Last updated on March 29, 2023