EPA Submits Proposed PFAS Drinking Water Standard to White House for Review
The new drinking water standard for PFOS and PFOA was submitted to the White Office of Management and Budget (OMB) for interagency review. The proposed rule is expected to be issued by the end of 2022.
EPA has submitted its proposed drinking water rule for PFOS and PFOA to the White House Office of Management and Budget (OMB) for formal interagency review and approval. EPA has indicated that it plans to issue the proposed drinking water standard by the end of 2022. The proposed standard would set enforceable drinking water requirements for PFOS and PFOA, and these would also serve as the basis for uniform nationwide cleanup standards.
What will National Drinking Water Standards Look Like?
At this point it is not clear what the specific drinking water standards will be. EPA has set interim lifetime drinking water health advisory levels (HALs) for PFOA (4 parts per quadrillion (ppq)) and for PFOS (20 ppq), which are both substantially below the current detection methods for PFOA and PFOS. Drinking water standards generally include a maximum contaminant level goal (MCLG) (which is a non-enforceable, aspirational goal) and a maximum contaminant level (MCL) (which is an enforceable standard that drinking water agencies must meet.
In setting the MCL, EPA is required by the Safe Drinking Water Act (SDWA) to take into account cost and technical feasibility or identify an available treatment technology. In addition, EPA officials have indicated that the proposed standard will also take into account the current feasibility of laboratory detection methods.
EPA Weighing Decisions and Options
It appears that EPA has been weighing whether to set an MCL (the maximum level of PFOS and PFOA allowed in drinking water) or a treatment technique (an enforceable procedure or level of technical performance that drinking water agencies must implement to ensure control of PFOS and PFOA).
If there is no reliable, economically and technically feasible method to meet the health-based MCL, EPA could set a treatment technique as the standard. In addition, EPA is also considering whether to include in the drinking water standard other PFAS beyond PFOS and PFOA that might be co-removed by the treatment method for PFOS and PFOA.
Potentially Significant Impacts Ahead
While having a national enforceable drinking water standard for PFOS and PFOA has its advantages over a patchwork of different state standards, the proposed new drinking water standard could have a significant impact on surface finishing operations as well as other industry stakeholders.
The Policy Group will continue to monitor this rulemaking and its potential impacts and provide updates to NASF members. If you have any questions or would like additional information about this issue, please contact Jeff Hannapel or Christian Richter with NASF at jhannapel@thepolicygroup.com or crichter@thepolicygroup.com.
This update is courtesy of the National Association for Surface Finishing (NASF). For more information or to become a member, visit nasf.org.
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