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Our members are the local governments of Massachusetts and their elected and appointed leadership.
The U.S. Environmental Protection Agency announced on May 14 that it plans to rescind regulations on certain compounds known as PFAS, or “forever chemicals,” in drinking water, and lengthen compliance deadlines for limits on two of the most common types.
The agency said it will also establish a federal exemption framework and initiate enhanced outreach to water systems, especially in rural and small communities, through the EPA’s new PFAS OUTreach Initiative (PFAS OUT).
The Massachusetts Department of Environmental Protection said it is reviewing the EPA’s proposed changes and assessing how they would affect public water suppliers in the Commonwealth.
“Millions of residents in Massachusetts have access to clean, safe drinking water every day, and we intend to keep it that way,” the MassDEP said in a prepared statement. “MassDEP was one of the first state [agencies] in the nation to establish limits for PFAS in drinking water. We will continue to work with communities and public water systems to make sure that our drinking water is safe at the touch of a tap.”
PFAS (per- and polyfluoroalkyl substances) have been commonly used in manufacturing because of their stain-resistant, water-resistant, and non-stick qualities. This family of chemicals, considered hazardous to human health, remains in the environment for a very long time and is resistant to traditional contaminant remediation measures.
In April 2024, during the Biden Administration, the EPA announced the final National Primary Drinking Water Regulation, including standards for PFOA and PFOS. At that time, the EPA established legally enforceable levels for these PFAS in drinking water and gave public water systems until 2029 to comply with those limits.
The EPA’s anticipated changes would require the issuance of a proposed rule and finalization of that rule in order to take effect.
PFOA and PFOS limits
EPA Administrator Lee Zeldin said the EPA will keep the current National Primary Drinking Water Regulations (NPDWRs) for two of the PFAS chemicals: PFOA and PFOS. The Maximum Contaminant Levels (MCLs) for PFOA and PFOS are 4.0 parts per trillion (ppt) for PFOA, and 4.0 ppt for PFOS. These levels represent the enforceable level of pollution for any public drinking water system. Public water systems with test samples scoring above the limits for either chemical, on a running annual average, would need to take action to lower the level to below 4.0 ppt.
PFHxS, PFNA, HFPO-DA, and PFBS
Zeldin said the EPA intends to rescind regulations and reconsider MCLs for PFHxS, PFNA, HFPO-DA (commonly known as GenX Chemicals), and the Hazard Index mixture of these three plus PFBS, in order to “ensure that the determinations and any resulting drinking water regulations follow the legal process laid out in the Safe Drinking Water Act,” according to the EPA’s press release.
The MCLs for PFHxS, PFNA, and HFPO-DA are currently set at 10 ppt, and mixtures containing two or more of PFHxS, PFNA, HFPO-DA and PFBS would be limited to a Hazard Index of 1. It’s not clear how these particular PFAS might be otherwise regulated if not through MCLs as part of a National Primary Drinking Water Regulation.
Timelines and next steps
To allow drinking water systems more time to develop plans for addressing PFOA and PFOS where they are found and implement solutions, the EPA said it plans to develop a rulemaking to provide additional time for compliance, including a proposal to extend the compliance date to 2031. It is not yet apparent if this proposal would also extend two other deadlines adopted as part of the final NPDWR in 2024.
Public water systems currently have to complete initial monitoring for the full slate of regulated PFAS by 2027, and are required to notify the public about their system’s PFAS levels beginning in 2027.
The EPA said it plans to issue a proposed rule this fall and finalize this rule in the spring of 2026.
Zeldin said the EPA is encouraging states seeking primacy for implementing the PFAS drinking water regulation to request additional time from the EPA to develop their applications.
Additional EPA actions
Zeldin said the EPA remains committed to addressing PFAS in drinking water, while ensuring that regulatory compliance is achievable for drinking water systems.
He said the agency’s actions would help address the most significant compliance challenges that the EPA has heard from public water systems, members of Congress, and other stakeholders, while supporting actions to protect the public from certain PFAS in drinking water.
Paired with effluent limitations guidelines for PFAS and other tools to ensure that polluters are held responsible, Zeldin said the EPA’s actions are designed to reduce the burden on drinking water systems and the cost of water bills.
Resources
To enhance engagement on addressing PFAS, the EPA said it will launch PFAS OUT to connect with every public water utility known to need capital improvements to address PFAS in their systems, including those that the EPA has identified as having PFOA and PFOS levels above the EPA’s MCL. The EPA will share resources, tools, funding, and technical assistance to help utilities meet the federal drinking water standards.
The EPA will continue to offer free water technical assistance that provides services to water systems to improve their drinking water and help communities access available funding. The EPA’s WaterTA initiatives work with water systems nationwide to identify affordable solutions to assess and address PFAS, including PFOA and PFOS. Services offered include water quality testing, development of technical plans, operator training support, designing public engagement and outreach strategies, and support for accessing federal funding opportunities.
For information about the PFAS rule, visit Final PFAS National Primary Drinking Water Regulation and Per- and Polyfluoroalkyl Substances (PFAS) NPDWR Implementation. For more information about PFAS Technical Assistance, visit EPA Water Technical Assistance. Use this online form to request EPA WaterTA services for your community.