NewsOn June 15, 2022, the United States Environmental Protection Agency (EPA) released drinking water health advisories for PFOA, PFOS, GenX chemicals, and PFBS. These chemicals are four separate subsets of per- and polyfluoroalkyl substances (PFAS). EPA’s advisories identify the PFAS chemical concentration in drinking water that EPA does not anticipate creating adverse health effects. EPA released its first ever drinking water health advisories for GenX chemicals and PFBS. However, EPA’s drinking water health advisories for PFOA and PFOS replaced the health advisories it announced in 2016, which recommended a combined PFOA and PFOS chemical concentration below 70 parts per trillion (ppt). EPA’s updated health advisories dramatically decrease its recommended PFOA and PFOS chemical concentration to near zero levels. The newly released drinking water health advisories are as follows:
- PFOA = 0.004 ppt
- PFOS = 0.02 ppt
- GenX chemicals = 10 ppt
- PFBS = 2,000 ppt
EPA acknowledges its recommended drinking water PFOA and PFOS chemical concentrations are below levels that EPA can reliably detect at this time. While it may be difficult to determine whether drinking water is compliant with EPA’s advisory PFAS levels, EPA states “[t]he lower the level of PFOA and PFOS, the lower the risk to public health.”
EPA’s drinking water health advisories are non-enforceable and non-regulatory documents meant to provide guidance for drinking water systems operators and other related parties. However, EPA is moving forward with proposing a PFAS National Drinking Water Regulation in fall 2022. Further, EPA is making $1 billion in grant funds available to help reduce PFAS chemical concentration in drinking water throughout the country. EPA’s grants are the first of $5 billion allocated in the Bipartisan Infrastructure Bill toward reducing PFAS in drinking water.
Michael Best will continue to track rulemaking, funding, and other PFAS regulatory efforts at EPA and beyond. The environmental team at Michael Best has experience advising clients on PFAS-related issues. If you have any questions or concerns about how EPA’s drinking water health advisories may impact your facility, please contact your Michael Best attorney or any of the authors listed here. Related People Preview Attorney's BiographyEric is known for his extensive experience in energy, water, wastewater, and environmental matters, particularly the regulation of utilities at both the state and federal levels. He helps clients with regulatory filings and issues before state public utility commissions and environmental regulators, local utility districts, the Federal Energy Regulatory Commission (FERC), and Regional Transmission Organizations (RTOs).  Preview Attorney's BiographyDavid’s practice sits squarely at the intersection of the food-water-energy nexus. His work in the areas of environmental, regulatory, agricultural production, manufacturing and distribution, and renewable energy projects gives him the depth of experience necessary to counsel clients who will be feeding and powering a projected global population of nine billion people by 2050—at a time when resource scarcity and consumer confidence require an ongoing commitment to stewardship and sustainability.  Preview Attorney's BiographyCameron focuses his practice on the cannabis industry, where clients rely on his legal advice to make strategic business decisions, weigh risks, and stay up-to-date in the rapidly changing hemp and CBD arena. He guides clients through complicated regulatory processes and advocates for their interests in administrative, state, and federal courts. Additionally, Cameron has significant experience in the air and water permitting sector, where he helps regulated businesses obtain and defend state and federal permits.  Preview Attorney's BiographyTaylor leverages his skill as a strategic communicator to help clients in the agribusiness, energy, and food and beverage industries find solutions to complex regulatory challenges.  Preview Attorney's BiographyFor more than 30 years, Todd has helped numerous clients remain in compliance with all aspects of the complex and dynamic suite of environmental laws, with a particular focus on Clean Air Act regulation. His extensive knowledge of and experience includes obtaining environmental permits, planning future activities to minimize the expense of regulation, litigation involving all manner of environmental regulation, and the defense of allegations that a company may have violated environmental laws.  Preview Attorney's BiographyAlex assists clients with a variety of regulatory issues, including those before state public utility commissions, environmental regulators, and the Federal Energy Regulatory Commission (FERC), He also helps clients on transactional and other business matters.  Preview Attorney's BiographyLeah takes a big-picture approach in advising clients as they face challenges on environmental, food safety and regulatory compliance issues. She draws on experience gained in cases involving the EPA, FDA and other public agencies. Leah’s success as a counselor, litigator and negotiator reflects her combination of subject matter expertise, industry knowledge and creativity.
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