USEPA Announces Final Drinking Water Standards for Six PFAS

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In much anticipated news for followers of PFAS, or so-called "forever chemicals," USEPA announced today final, enforceable drinking water standards (MCLs) for six PFAS, including PFOS and PFOA at 4 parts per trillion. EPA "expects that over many years the final rule will prevent PFAS exposure in drinking water for approximately 100 million people, prevent thousands of deaths, and reduce tens of thousands of serious PFAS-attributable illnesses." This will be extremely impactful for many water suppliers across the United States, including in California, which is in the process of developing its own MCLs for PFAS (that by law will need to be at least as stringent as federal standards).

EPA concurrently announced it is making unprecedented funding available in support of access to safe drinking water. This includes nearly $1 billion in new funding through the Bipartisan Infrastructure Law—on top of over $20 billion previously committed under this law—to help states and territories implement PFAS testing and treatment at public water systems and to help owners of private wells address PFAS contamination.

USEPA's anticipated listing of PFOS and PFOA as CERCLA hazardous substances is still pending, but will likewise have very significant ramifications for impaired water supply systems and properties across the country.

More information can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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