What are the current federal regulations?

On March 14, 2023, EPA announced the proposed National Primary Drinking Water Regulation (NPDWR) for six PFAS including perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA, commonly known as GenX Chemicals), perfluorohexane sulfonic acid (PFHxS), and perfluorobutane sulfonic acid (PFBS).

The proposed PFAS NPDWR does not require any actions until it is finalized. EPA anticipates finalizing the regulation by the end of 2023. EPA expects that if fully implemented, the rule will prevent thousands of deaths and reduce tens of thousands of serious PFAS-attributable illnesses.

The EPA is proposing Maximum Contaminant Levels (MCLs) for six PFAS in drinking water: PFOA and PFOS as individual contaminants, and PFHxS, PFNA, PFBS, and HFPO-DA (commonly referred to as GenX Chemicals) as a PFAS mixture.

• PFOA = 4.0 ppt

• PFOS = 4.0 ppt

• PFNA = 1.0 (unitless) Hazard Index

• PFHxS = 1.0 (unitless) Hazard Index

• PFBS = 1.0 (unitless) Hazard Index

• GenX = 1.0 (unitless) Hazard Index

Source

In June 2022, The US EPA updated the lifetime health advisory levels associated with PFAS. EPA’s lifetime health advisory levels, measured in parts per trillion (ppt), offer protection for people from adverse health effects resulting from exposure throughout their lives to this individual PFAS in drinking water:

• Interim updated health advisory for PFOA = 0.004 ppt

• Interim updated health advisory for PFOS = 0.02 ppt

• Final health advisory for GenX chemicals = 10 ppt

• Final health advisory for PFBS = 2,000 ppt

In January 2022, EPA submitted its initial plan to the White House Office of Management and Budget (OMB) to designate two PFAS, Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Once OMB finalizes its review, EPA will publish a proposed rule in the Federal Register for public comment. A final rule is expected in Summer 2023. Once finalized, the rule will require facilities to report on PFOA and PFOS releases and allow for cost recovery or contributions for costs incurred related to the cleanup of such releases. [1]

Updated: March 15, 2023

What are the State of California’s regulations?

In July 2021, OEHHA released proposed Public Health Goals (PHGs) for PFOA and PFOS in drinking water. The PFAS water regulations proposed by OEHHA would set the PHG for PFOA at 0.007 parts per trillion (ppt) and PFOS at 1 ppt. These levels would not only be dramatically lower than the State Water Board’s current drinking water notification levels (set at 5.1 ppt for PFOA and 6.5 ppt for PFOS), but they would be by far the most aggressive standards set for PFAS in drinking water in the entire country.

However, it is important to note that PHGs are not regulatory requirements and are based solely on the protection of public health and ignore cost and other impacts. PHGs form the basis of California’s Maximum Contaminant Levels (MCLs) for drinking water that are established by the State Water Resources Control Board (SWRCB). Each MCL must be established as close to the corresponding PHG as is economically and technologically feasible. There are valid concerns that the technology does not exist to adequately detect PFOA or PFOS levels at such low levels in financially reasonable ways, thereby making it impossible to comply with a potential future clean-up goal. [2]

Important California Legislation:

A bill, AB 1200, known as the California Safer Food Packaging and Cookware Act of 2021, will protect consumers and the environment from PFAS and other harmful chemicals by: 

• Banning paper-based food packaging using PFAS chemicals starting January 1, 2023

• Requiring cookware manufacturers starting January 1, 2024, to disclose the presence of chemicals in their products that are of concern for human health or the environment

• Prohibiting misleading advertising on cookware packaging as early as January 1, 2023

The State of California banned the manufacture, sale, and use of firefighting foams that contain PFAS, beginning on January 1, 2022. Colorado, New Hampshire, New York, Maine, and Washington have already enacted similar bans.

Proposition 65

In 2021, California indicated its intent to regulate certain PFAs under the Safe Drinking Water and Toxic Enforcement Act of 1985 (Proposition 65) which lists chemicals known to the state to cause cancer or reproductive harm. On May 3, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) identified PFOA as a carcinogen and added it to the Proposition 65 list. OEHHA did the same for PFOS on December 24, 2021.

Both chemicals had previously been regulated under Proposition 65 for reproductive toxicity. Among other things, a chemical’s listing under Proposition 65 requires any product sold in California that potentially exposes consumers to the listed chemical to bear a clear and reasonable warning. State regulation of additional PFAS is anticipated in 2022. OEHHA has already selected two additional PFAS, perfluoronanoic acid and perfluoroundecanoic acid for evaluation for reproductive toxicity.

California Water Board’s PFAS Timeline

Updated: March 16, 2022