EPA Releases Nationwide Drinking Water Standards

Yesterday The U.S. Environmental Protection Agency (EPA) announced new enforceable federal standards for per- and polyfluoroalkyl substances (PFAS) in drinking water. The EPA rule includes new enforceable Maximum Contaminant Levels (MCL) of 4.0 parts per trillion (ppt) for PFOA and PFOS and 10 ppt for PFNA, PFHxS and GenX. The EPA also finalized an MCL at a hazard index of 1 when a combination of PFNA, PFHxS, GenX and PFBS are present in a mixture.

The requirements in the EPA rule include the following:

• Public water systems must monitor for these PFAS and have three years to complete initial monitoring (by 2027), followed by ongoing compliance monitoring. Water systems must also provide the public with information on the levels of these PFAS in their drinking water beginning in 2027.
• Public water systems have five years (by 2029) to implement solutions that reduce these PFAS if monitoring shows that drinking water levels exceed these MCLs.
• Beginning in five years (2029), public water systems that have PFAS in drinking water which violates one or more of these MCLs must take action to reduce levels of these PFAS in their drinking water and must provide notification to the public of the violation. 

In a webinar yesterday EPA indicated that the agency would not require specific treatment and would allow municipalities flexibility in how they come into compliance with the new rule. Some may choose reverse osmosis and others will select granulated activated carbon systems while some municipalities may be fortunate enough to turn off a well to comply.

If construction is required, five years will be a quick turnaround for large projects and funding is going to be an issue for municipalities and ratepayers.

The EPA did announce nearly $1 billion in additional funding with the release of the rule for the Emerging Contaminants Small or Disadvantaged Communities grant program. Updated eligible uses in 2004 include “one or more owners of drinking water wells that are not public water systems or connected to a public water system” as beneficiaries. Wisconsin's share of this new funding is $13.2 million. While appreciated, this amount is minimal especially considering the eligible applicant pool has been expanded.

State Implementation

According to DNR sampling data updated on March 27, 2024, 249 municipal systems had a PFAS detect and 39 would exceed the new EPA MCLs.

The Department of Natural Resources has indicated that this rulemaking process to comply with EPA standards is underway, the current MCL for Wisconsin for PFOA and PFOS is 70 ppt. This standard will remain in effect until the federal MCLs are adopted.

It is important to note that while communities have to shoulder the burden of financing this regulation, PFAS substances are still being produced and utilized. The remediation is going to continue to be an uphill battle while contaminants are still entering the market and environment.

The League helped secure $125 million for a PFAS Municipal and Innocent Landowner Grant Program in the state budget. A policy bill to create and implement those programs was vetoed by the Governor earlier this week. The funding is still available to be distributed by the Legislative Joint Finance Committee.

The League will continue to work with the legislature, the Governor, and the DNR to allocate additional funding to help municipalities continue to deliver safe drinking water. We must find a plausible compromise, a political stalemate is not helping ratepayers.