The Environmental Protection Agency (EPA) continues research and regulatory activities outlined in its PFAS Strategic Roadmap. This includes issuing the first-ever national, legally enforceable drinking water standard for per- and polyfluoroalkyl substances (PFAS). On April 10, 2024, the EPA announced the final National Primary Drinking Water Regulation (NPDWR) for six PFAS.
New EPA Maximum Contaminant Levels (MCLs)
The EPA indicates that this rule aims to reduce PFAS exposure for approximately 100 million people. The final regulation includes MCLs for PFOA and PFOS and a Hazard Index (HI) MCL for four PFAS: PFHxS, PFNA, HFPO-DA, and PFBS. These regulations are consistent with the proposed rule. The MCL HI is a unitless quotient-based calculation and only requires action when the combined levels of two or more of the four PFAS exceed an HI value of 1.
| Compound | Proposed MCLG | Proposed MCL (enforceable levels) |
| PFOA | Zero | 4.0 parts per trillion (ppt; also expressed as ng/L) |
| PFOS | Zero | 4.0 ppt |
| PFHxS |
10 ppt | 10 ppt |
| PFNA | 10 ppt | 10 ppt |
| HFPO-DA (commonly referred to as GenX Chemicals) | 10 ppt | 10 ppt |
| Mixtures containing two or more of PFHxS, PFNA, HFPO-DA, and PFBS | 1.0 (unitless) Hazard Index | 1.0 (unitless) Hazard Index |
The final regulation also includes MCLs for three PFAS listed in the HI: PFHxS, PFNA, and HFPO-DA, which were not included in the proposed rule. The addition of these MCLs means that treatment would be required if one of these compounds exceeds their MCL concentration. The proposed rule only included these PFAS in the HI, and if a system did not have two or more of the four HI PFAS detected in the feed water, treatment would not be required. Although most water systems experiencing elevated PFAS concentrations often detect more than one PFAS in the source water, the addition of MCLs for PFHxS, PFNA, and HFPO-DA clarifies treatment goals.
The EPA has extended the compliance date from three years in the initial proposed rule to five years with an MCL compliance date of April 26, 2029. Public water systems have three years to complete initial PFAS monitoring and are required to report results to the State by April 26, 2027. To this end, it is important to begin evaluating water quality, PFAS treatment alternatives, and treatment implementation challenges (e.g., permitting, space constraints, stakeholder engagement). Streamlining design, construction, and pre-purchasing treatment equipment may also help to shorten lead times considering supply chain delays may be greater closer to the compliance deadline.
Supporting Your PFAS Solution
KJ’s PFAS and Emerging Contaminants Lead Dr. Charlie Liu is an expert cited by the EPA in establishing the current rule. Dr. Liu has published and co-authored several peer-reviewed journal articles on PFAS treatment and maintains knowledge on the latest in PFAS treatment technologies, pilot/bench-scale testing, design, and implementation.
Alongside Charlie is KJ’s talented team of design engineers and scientists who have supported and led over 25 PFAS projects in multiple states. KJ can help streamline a tailored solution for your system by leveraging KJ’s experience with design, construction, startup and operation, and practical applied research.
We can deliver a variety of services to help you meet compliance requirements, including:
- Source identification and sampling
- Data visualization and management
- Risk assessments and cost estimates
- Alternatives evaluation and feasibility studies
- Bench- and pilot-scale testing
- Treatment optimization
- Preliminary and final design services
- Engineering services during construction
KJ can also assist with regulatory/permitting negotiations, funding strategies, equipment purchases for expedited construction, and other related issues.
Funding, Cleanup, and Other PFAS Regulations
Nearly $1 billion in available funding through the Bipartisan Infrastructure Law will help states and territories implement PFAS testing and treatment at public water systems. An additional $12 billion is available through the Bipartisan Infrastructure Law for general drinking water improvements, including addressing emerging contaminants like PFAS.
Two types of PFAS – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) – have been designated as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the Superfund law. This action will target the investigation and cleanup of PFAS, and require reporting of leaks, spills, or other releases. At this time, the CERCLA rulemaking does not make PFAS-containing waste hazardous under the Resource Conservation and Recovery Act (RCRA).
A proposed RCRA rule recommends adding nine PFAS as RCRA hazardous constituents (to 40 CFR Part 261 Appendix VIII) and the comment period ended early 2024. The EPA also has taken comments on the inclusion of PFAS in the air emissions reporting rule, which is expected to be finalized in Q3 2024. In January 2024, the EPA also finalized a risk management rule under TSCA that prevents companies from starting or resuming the manufacture or processing of 329 PFAS that are not currently in use or production without a full review of health and safety.
Contact us for more information, questions, or specific project concerns.
About Kennedy JenksKennedy Jenks is a leading water and environmental engineering firm that serves public agencies and private-sector clients with over 500 employees nationwide. The employee-owned firm delivers innovative design, construction, and technology solutions for water and environmental projects across the United States.
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