Regulatory

On June 15th, 2022 the EPA announced an updated drinking water Health Advisory (HA) for perfluorooctanic acid (PFOA) and Perfluorooctane sulfonic acid (PFOS) that replaces the previous advisories set in 2016. The updated health advisories also included a finial HA for two other PFAS chemicals known as perfluorobutane sulfonic acid with potassium salt (PFBS) and hexafluoropropylene oxide (HFPO). These two chemicals are considered a modern replacement for PFOS and PFAS.

The Health Advisories were issued considering growing knowledge and updated science related to PFAS. These advisories indicate that some negative health effects can occur with concentrations of PFOA and PFOS in water that are near zero.

The new HA limits are now 0.004 (ppt) for PFOA and 0.02 (ppt) for PFOS. The 2016 HA limit was 70 parts per trillion (ppt).

In March 2023, EPA took a another step to protect public health by proposing to establish legally enforceable levels for six PFAS known to occur in drinking water. Through this proposed rule, EPA is leveraging the most recent science and building on existing state efforts to limit PFAS to provide a nationwide, health-protective level for these specific PFAS in drinking water.

Under the federal Safe Drinking Water Act, the EPA may publish health advisories for contaminants that are not subject to any nation primary drinking water regulation. The EPA uses a health advisory (HA) to provide information on a chemical and its physical properties, exposure, health effects, analytical and testing methods, and treatment technologies. HA’s will describe concentrations of drinking water contaminants which show adverse health effects. They serve as a technical guide to assist federal, state, and local officials, as well as managers of public or community water systems in protecting public health. HA’s are not regulations and are not legally enforceable federal standards. They are also subject to change as new information becomes available.

The PFAS MCL Rule was published in the Pennsylvania Bulletin on January 14, 2023. . This rule establishes maximum contaminant levels (MCLs) and maximum contaminant level goals (MCLGs) for 2 PFAS: perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), which are two of the more common and persistent PFAS chemicals detected in the human body in published toxicological studies as of 2022. The MCLs and MCLGs set by this rule, in nanograms per liter (ng/L) or parts per trillion (ppt), are

Although the rule applies to all public water systems (PWSs) in the Commonwealth; , monitoring requirements under the rule are applicable to community water systems (CWSs), nontransient noncommunity water systems (NTNCWS), and bottled, vended, retail, and bulk systems (BVRBs). Initial monitoring is required quarterly for 4 four consecutive calendar quarters at each entry point (EP) to the distribution system (EP), beginning January 1, 2024 for PWSs serving more than 350 persons and for BVRBs, and January 1, 2025 for CWS and NTNCWS serving 350 or fewer persons. Repeat monitoring is quarterly, annual, or triennial, based on whether analytical results are detected and at what level. Compliance with the MCLs is determined based on a running annual average (RAA) at each EP; if any quarterly result causes the RAA to exceed the an MCL, a violation is incurred for that quarter.

In addition to the monitoring and reporting requirements, the PFAS MCL Rule also establishes MCL violations as a Tier 2 violation requiring issuance of Tier 2 public notice (PN) and requires community water systems to report results in their annual Consumer Confidence Report (CCR). The rule also establishes analytical requirements (including approved methods for analysis and minimum reporting limits) and approved treatment technologies (including granular activated carbon (GAC), ion exchange, and reverse osmosis), with the option of other treatment technologies that may be approved by the Department if the technology is demonstrated to provide an adequate and reliable quantity and quality of water.

MCL stands for Maximum Contaminant Levels. Under the federal Safe Drinking Water Act (SDWA), the EPA has the authority to set national health-based standards for drinking water to protect the public. These standards protect against both naturally occurring and man-made contaminants that may be found in drinking water. The standards that set up the SDWA are divided into Primary Standards and Secondary Standards. Primary Standards or National Primary Drinking Water Regulations (NPDWRs) are legally enforceable standards that apply to public water systems. Secondary Standards or National Secondary Drinking Water Regulations (NSDWRs) are guidelines regulating contaminants that may cause cosmetic and aesthetic effects in drinking water. PA DEP requires MCL’s to be set for both sets of standards.