EPA Announces Stringent Drinking Water Health Advisories for Certain PFAS Chemicals

On June 15, 2022, EPA issued drinking water health advisory levels (HALs) for several fluorinated chemistries – PFOS, PFOA, PFBS and GenX.  While voluntary, they will begin to drive tighter cleanup requirements across the country even before the agency issues its enforceable drinking water standards for some of the chemicals.

The recently announced drinking water health advisory levels include the following:

• PFOA -- 0.004 parts per trillion (ppt) (or 4 parts per quadrillion),
• PFOS – 0.02 ppt (or 20 parts per quadrillion),
• GenX – 10 ppt, and
• PFBS – 2,000 ppt.

The PFOA and PFOS levels were published as “interim” advisory levels because EPA’s Science Advisory Board is still reviewing US EPA’s analyses for these chemicals, but they do supersede EPA’s 2016 health advisories for PFOA and PFOS,” that were previously set at 70 ppt.  These new interim advisory levels mark a drastically lower level than was finalized just six years ago.

As anticipated, the announcement prompted varying reactions. Major national environmental groups such as the Sierra Club and Natural Resources Defense Council praised US EPA’s announcement, but drinking water agencies, politicians, and industry stakeholders have raised major concerns with the development of these standards.

The new advisory levels for PFOA and PFOS are below analytical detection levels and are likely to lead unnecessarily to increased alarm from the public regarding potential risks of PFAS.   In addition, many stakeholders have raised concerns regarding how the advisory levels may impact drinking water standards for PFOA and PFOS that EPA is developing.  According to its PFAS Strategic Roadmap, EPA intends to propose the drinking water standards by fall 2022 and finalize the rules by fall 2023.  The regulations will generally take effect three years after promulgation, though this deadline could be extended for up to an additional two years.

EPA must first develop Maximum Contaminant Level Goals (MCLGs) to support drinking water standards for PFOA and PFOS.  The drinking water maximum contaminant level (MCL) might be set at a level higher than the health advisory levels for these same compounds because EPA must consider costs and benefits when setting MCLs for the new drinking water regulations. 

In addition, the analytical detection limit can also play a part in setting the drinking water standard.  If EPA determines that the benefits of a maximum contaminant level would not justify the costs of compliance, it may “after notice and opportunity for comment, promulgate a maximum contaminant level for the contaminant that maximizes health risk reduction benefits at a cost that is justified by the benefits.” Consequently, after cost and technical feasibility are considered, it is very likely that the MCLs will not be set as low as the concentration thresholds in the health advisories. At this point, it is not entirely clear what the implications of the new drinking water health advisory will be.

NASF will continue to monitor these developments and work with drinking water agencies, EPA officials and industry stakeholders on a drinking water standard for PFOA and PFOS.  If you have any question s or would like additional information on these drinking water health advisories, please contact Jeff Hannapel or Christian Richter with NASF at jhannapel@thepolicygroup.com or crichter@thepolicygroup.com. 

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This update is courtesy of the National Association for Surface Finishing (NASF). For more information or to become a member, visit nasf.org.