The changes to PFAS regulation significantly impacts the water and wastewater industries. Understanding the current status of drinking water MCLs, CERCLA PFAS liability, and wastewater discharge limits is crucial for informed decision-making.
What hasn't changed:
- Drinking water MCLs, finalized in April 2024, remain the standard for PFAS regulation. Water systems are in the process of complying with these maximum contaminant levels for six PFAS, with a multi-year timeline for monitoring and reporting. Despite ongoing legal challenges, these limits are currently enforced.
- The designation of PFOA and PFOS as hazardous substances under CERCLA PFAS liability, effective since July 2024, also continues. This has implications for cleanup responsibilities and potential legal actions for water and wastewater agencies, even with the EPA's initial enforcement focus on polluters. The pending Water Systems PFAS Liability Protection Act seeks to address this vulnerability.
What has changed:
- A notable PFAS regulation change is the withdrawal of the proposed federal wastewater discharge limits for industrial PFAS. This action removes a potential layer of national regulation for industrial wastewater treatment and management.
Additional EPA actions to combat PFAS contamination were detailed in a April press release. The water sector must stay informed about potential shifts in enforcement, liability, and compliance requirements.
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