USEPA Proposes Strict PFAS Drinking Water Standards

In 2018, New Jersey became the first state to establish a maximum contaminant level (MCL)¹ for per- and polyfluorinated alkyl substances (PFAS).² Now, nearly five years later, the U.S. Environmental Protection Agency (USEPA or the Agency) is taking the same action. On March 14, pursuant to its authority under the Safe Drinking Water Act, the USEPA proposed strict MCLs for the following PFAS compounds: (1) perfluorooctanoic acid (PFOA); (2) perfluorooctanesulfonic acid (PFOS); (3) perfluorononanoic acid (PFNA); (4) hexafluoropropylene oxide dimer acid, commonly referred to as GenX; (5) perfluorohexane sulfonic acid (PFHxS); and (6) perfluorobutane sulfonic acid (PFBS). According to the proposal, PFOA and PFOS will be regulated as individual contaminants, and PFHxS, PFNA, PFBS, and GenX will be regulated as a PFAS mixture. In addition to MCLs, USEPA is proposing non-enforceable maximum contaminant level goals (MCLGs)³ for the six compounds. Through this action, USEPA