U.S. EPA Releases First-Ever Final PFAS Drinking Water Rule

On April 10, 2024, U.S. EPA issued the first-ever, national drinking water standard for a group of chemicals commonly referred to as “PFAS” or “forever chemicals”. PFAS generally refers to a family of chemicals known as “per- and polyfluoroalkyl substances” that commonly are found in household and consumer goods, such as stain-resistant furniture coverings and carpets, non-stick cookware, and rain-resistant clothing, to name just a few.  

U.S. EPA’s new final rule, issued under the Safe Drinking Water Act, sets the following standards or “maximum contaminant levels” (MCLs) for certain listed PFAS compounds in drinking water: 

This regulation's impact will be felt by the 39 states that do not have PFAS standards of their own, including Ohio. Based on an investigation by the Dayton Daily News, at least 15 water systems in Ohio contain PFAS levels that exceed the new limits of this new rule. Litigation over the new rule and the new standards is likely to occur especially with respect to the scientific basis for the 4.0 ppt limit.              

 Public drinking water systems will have five (5) years to comply with the new standards and will have three (3) years to complete initial monitoring for these substances. The new rule will go into effect 60 days after publication of the new rule in the Federal Register.