(December 11, 2019) – EPA sent a proposed regulatory determination to establish a maximum contaminant level (MCL) for PFOA and PFOS, two of the most well-known PFAS constituents, to the White House Office of Management and Budget (OMB) on December 4.  This is consistent with the Agency’s PFAS Action Plan, which envisioned EPA beginning this regulatory process. 

To establish an MCL, EPA must determine 1) if the contaminant may have an adverse effect on public health, 2) if the contaminant is known to occur or there is substantial likelihood that the contaminant will occur in drinking water systems with a frequency and at levels of public health concern, and 3) whether in the sole judgment of the EPA Administrator, regulating the contaminant presents a meaningful opportunity for health risk reductions for those served.

Now that the proposed regulation is at OMB, the White House will review the proposal and determine if EPA followed appropriate regulatory procedures. The relevance for NACWA members of this proposal is that it clearly demonstrates EPA’s continued regulatory focus on PFAS issues, including the likelihood that the Agency will advance further regulation impacting clean water issues in the future.  Many of NACWA’s members also provide drinking water services. 

NACWA will continue following this regulatory process and will report on developments.  If members have questions, please contact Emily Remmel, Director of Regulatory Affairs.