News Feature | June 18, 2019

PFAS Amendment Could Force EPA's Hand On Regulation

Peter Chawaga - editor

By Peter Chawaga

Senate1

In a significant regulatory development for one of the greatest contaminant threats to U.S. drinking water, the Senate Environment and Public Works (EPW) Committee has agreed upon a proposed amendment to a defense policy bill that would address the presence of per- and polyfluoroalkyl substances (PFAS).

“The amendment would direct [U.S.] EPA to issue a final drinking water regulation for PFOA and PFOS — two common PFAS — within two years, while requiring the nation’s water systems to engage in expanded monitoring for other PFAS,” the Association of Metropolitan Water Agencies reported. “In addition to requiring PFOA and PFOS regulations, the agreement would effectively create an expedited process under the Safe Drinking Water Act for EPA to issue regulations for PFAS.”

While PFAS contamination in drinking water has sprung up in communities across the country, the EPA currently only has health advisories for PFOA and PFOS at 70 parts per trillion in drinking water. Given the adverse health effects associated with PFAS consumption, some local regulators have felt that these advisories do not go far enough and have been working to implement their own restrictions.

Though the EPA has said that it will decide whether it’s setting actual drinking water standards for PFAS by the end of 2019, this new amendment could get the ball rolling more quickly and potentially help address PFAS contamination at its source.

“The amendment … would put pressure on the agency to speed up that timeline, adopting a drinking water standard within two years,” according to The Hill. “Thursday’s Senate amendment would also force the EPA to consider barring new uses of PFAS and require PFAS manufacturers to share data on their production.”

If passed, the amendment would reportedly require the EPA to make regulatory determinations for PFAS within 18 months of their placement on the Contaminant Candidate List. Once the EPA makes the decision to regulate a PFAS, it would then have 18 months to propose that regulation and then another year to finalize it.

“Finally, the proposal would require the EPA to issue a lifetime drinking water health advisory for any PFAS or class of PFAS for which EPA finalizes a toxicity value and testing procedure, unless EPA determines the substance is unlikely to appear in drinking water,” per the Association of Metropolitan Water Agencies.

The U.S. Senate will be reviewing the amendment this week. If passed, it could motivate the tougher regulatory stance on PFAS that many consumers and water agencies around the country have been calling for.

To read more about the rules surrounding drinking water contaminants, visit Water Online’s Regulations And Legislation Solutions Center.