In April, the Environmental Protection Agency (“USEPA”) took two actions regarding per- and polyfluoroalkyl substances (“PFAS”), or so-called “forever chemicals,” that could have far-ranging implications.

Drinking Water Standards

First, USEPA established the first enforceable drinking water standards for PFAS chemicals.  USEPA established Maximum Contaminant Levels (“MCL”) for six PFAS compounds, all of which are more stringent than the state-imposed MCLs developed by the Pennsylvania Department of Environmental Protection (which are now preempted by the federal standards).  The new federal regulations require public water systems to come into compliance over a period of years.  Within three years of promulgation of the rule, all public water systems must complete their initial monitoring for the designated PFAS compounds in their intake water.  Compliance with the MCLs must be achieved within five years of promulgation of the rule.  If PFAS is detected in the intake water, that fact must be included in the required report to customers. 

It is important to note that these sampling, treatment, and notification responsibilities will not fall only on the major water companies but also on small private water systems.  Any system with 15 or more connections used year-round or at least 25 consumers year-round is considered a public water system for purposes of the rule.  For example, mobile home parks, residential HOA’s with water systems, assisted living and continuing care facilities and factories that supply potable water (including hand washing and bathing) to their employees, and business parks with their own water systems over the threshold service numbers will be subject to the new requirements.