May 21, 2019
Regulating Drinking Water Contaminants: EPA PFAS Actions
Detections of per- and polyfluoroalkyl substances (PFAS)
levels for PFOA and PFOS in drinking water at 70 parts per
in drinking water supplies and uncertainty about potential
trillion (ppt) (separately or combined). These levels are
health effects associated with exposure to PFAS have
intended to protect the most sensitive subpopulations, with
increased congressional attention to the U.S. Environmental
a margin of safety, over a lifetime of exposure. They
Protection Agency’s (EPA) efforts to address these
replaced provisional advisory levels EPA issued in 2009 for
substances in public water supplies. Over the past decade,
these PFAS.
EPA has been evaluating several PFAS under the Safe
Drinking Water Act (SDWA) to determine whether national
Regulating Contaminants Under SDWA
drinking water regulations may be warranted. EPA has not
SDWA authorizes EPA to regulate contaminants in water
issued SDWA regulations for any PFAS but has taken
provided by public water systems and specifies a multistep
various actions to address PFAS contamination.
process for evaluating contaminants to determine whether a
national primary drinking water regulation is warranted (42
In the 116th Congress, bills have been introduced to direct
U.S.C. §300g-1). The evaluation process includes
EPA to issue drinking water regulations for PFAS and to
identifying contaminants of potential concern, assessing
take other actions to address these emerging contaminants.
health risks, collecting occurrence data (and developing
reliable analytical methods necessary to do so), and making
In February 2019, EPA issued a PFAS Action Plan (EPA
determinations as to whether a national drinking water
823R18004), which identifies EPA’s actions to address
regulation is warranted for a contaminant.
PFAS under multiple environmental statutes. This In Focus
outlines the agency’s PFAS-related actions using SDWA
To make a positive determination to regulate a contaminant,
authorities, with particular focus on the process for
SDWA directs EPA to find the following: (1) a contaminant
evaluating contaminants for regulation under SDWA.
may have an adverse health effect; (2) it is known to occur
or there is a substantial likelihood that it will occur in water
Background
systems at a frequency and at levels of public health
PFAS include thousands of diverse chemicals, some of
concern; and (3) in the sole judgment of the Administrator,
which have been used for decades in an array of industrial,
regulation of the contaminant presents a meaningful
commercial, and U.S. military applications. Common
opportunity for reducing health risks. Below is a description
products manufactured with the use of PFAS have included
of each step and related EPA efforts regarding the
non-stick cookware, food wrapper coatings, waterproof and
assessment of specific PFAS.
stain-resistant fabrics, and firefighting foams. Historically,
the two PFAS produced in the largest quantities were
Contaminant Selection
perfluorooctanoic acid (PFOA) and perfluorooctane
Every five years, EPA is required to publish a list of
sulfonate (PFOS). U.S. manufacturers have phased out the
contaminants that are known or anticipated to occur in
production and most uses of PFOA and PFOS. In 2016,
public water systems and may warrant regulation under the
EPA reported that PFOA and/or PFOS were detected in at
SDWA (42 U.S.C. §300g-1(b)). In 2009, EPA placed
least one public water system in 24 states and that four
PFOA and PFOS on the third such contaminant candidate
other PFAS were also detected in some systems.
list (CCL 3) for evaluation (74 Federal Register 51850). In
November 2016, EPA issued CCL 4, which carried over
SDWA provides EPA with several authorities to address
many CCL 3 contaminants, including PFOA and PFOS, for
unregulated contaminants in drinking water supplies and
further evaluation (81 Federal Register 81103).
sources. As discussed below, these include the authority to
issue health advisories, regulate contaminants in public
Monitoring for Unregulated Contaminants
water supplies, and issue enforcement orders in certain
To generate nationwide occurrence data for unregulated
emergency circumstances.
contaminants, SDWA directs EPA to promulgate, every
five years, an unregulated contaminant monitoring rule
Drinking Water Health Advisories
(UCMR) that requires water systems operators to test for no
SDWA authorizes EPA to issue health advisories for
more than 30 contaminants (42 U.S.C. §300j-4). SDWA
contaminants that are not regulated under the act (42 U.S.C.
generally requires monitoring by operators of all public
§300g-1(b)(1)(F)). Health advisories provide information
water systems that serve more than 10,000 persons, plus a
on health effects, testing methods, and treatment techniques
representative sample of smaller systems. (Roughly 82% of
for unregulated contaminants of concern. They also include
the population is served by water systems with U.S.
non-enforceable levels to help water suppliers and others
populations of 10,000 or more.) UCMRs set a minimum
address contaminants that lack federal (or state) drinking
reporting level (MRL) for each contaminant. MRLs are not
water standards. In 2016, EPA established health advisory
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Regulating Drinking Water Contaminants: EPA PFAS Actions
health based; rather, they establish concentrations for
drinking water (42 U.S.C. §300i). This authority is
reporting and data collection purposes.
available to address both regulated and unregulated
contaminants if state and local authorities have not acted.
In 2012, EPA issued the UCMR 3, requiring some 5,000
Actions may include issuing orders requiring persons who
public water systems to monitor for six PFAS—including
caused or contributed to the endangerment to provide
PFOA and PFOS—between January 2013 and December
alternative water supplies or to treat contamination, etc.
2015. PFOA was detected in 117 of these water systems at
Since 2002, EPA has used this authority to require
levels above the PFOA MRL of 20 ppt, and PFOS was
responses to PFOA and/or PFOS contamination of water
detected in 95 of the systems at concentrations above the
supplies associated with four sites, including three
PFOS MRL of 40 ppt. PFOA was detected in 13 (0.3%)
Department of Defense sites.
systems at levels above EPA’s health advisory level of 70
ppt. PFOS was detected in 46 (0.9%) systems above 70 ppt.
MCLs and Remedial Actions
EPA did not require monitoring for any PFAS in UCMR 4.
Under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA, or “Superfund”),
Regulatory Determinations
MCLs may be considered in selecting remedial actions for
SDWA requires EPA, every five years, to make a
releases of hazardous substances, pol utants and other
regulatory determination—a determination of whether or
contaminants. However, CERCLA establishes liability only for
not to promulgate a national primary drinking water
releases of hazardous substances. No PFAS is designated as a
regulation—for at least five contaminants on the CCL.
hazardous substance (42 U.S.C. 9621(d)).
In selecting contaminants for a regulatory determination,
SDWA directs EPA to prioritize those that present the
PFAS Action Plan: Drinking Water
greatest public health concern while considering a
In addition to the actions described above, EPA’s Action
contaminant’s health effects on specified subgroups of the
Plan identifies other ongoing and proposed actions related
population who may be at greater risk of adverse health
to evaluating PFAS for potential regulation under SDWA.
impacts due to exposure to a contaminant (e.g., infants,
Several pending actions are outlined below:
children, pregnant women). SDWA directs EPA to publish
a preliminary determination and seek public comment prior
EPA continues to evaluate PFOA and PFOS to
to publishing a final regulatory determination decision.
determine whether regulation is warranted and intends
to propose regulatory determinations by the end of 2019.
In 2016, EPA included PFOA and PFOS on its “short list”
EPA is developing new analytical test methods to
of contaminants identified for regulatory determinations in
support monitoring of more PFAS and at lower levels.
CCL 4 (81 Federal Register 81103).
(EPA has validated test methods for 18 PFAS.)
Developing Drinking Water Regulations
Using new test methods, EPA plans to include other
Once the Administrator determines to regulate a
PFAS in the next unregulated contaminant monitoring
contaminant, EPA is required to propose a rule within 24
rule (UCMR 5) in 2020 to assess their occurrence.
months and promulgate a “national primary drinking water
regulation” within 18 months after the proposal.
EPA also plans to develop an interactive map on potential
SDWA
PFAS sources and occurrence, expand toxicity information,
authorizes EPA to extend the deadline to publish a final rule
and update its drinking water treatability database to
for up to nine months, by notice in the Federal Register.
provide information about treatment effectiveness and costs
for various PFAS, among other actions.
For each regulation, EPA is required to establish a non-
enforceable maximum contaminant level goal (MCLG) at a
Legislation in the 116th Congress
level at which no known or anticipated adverse health
In the 116th Congress, bills have been introduced directing
effects occur, with an adequate margin of safety. For each
EPA to address PFAS under several environmental laws.
contaminant covered by the regulation, EPA is required to
Among drinking water related bills, S. 1473 and H.R. 2377
specify a maximum contaminant level (MCL)—an
would direct EPA to issue a drinking water regulation with
enforceable standard for a contaminant in public water
an MCL for PFAS. H.R. 2800 would expand monitoring for
supplies. SDWA directs EPA to set the MCL as close to the
MCLG as is “feasible” using bes
PFAS in drinking water. Several bills—including S. 611,
t available technology,
H.R. 1417, H.R. 2533, and H.R. 2570—would authorize
treatment techniques, or other means available, taking costs
grants for public water systems and/or households to treat
into consideration. SDWA requires that regulations include
PFAS in drinking water. S. 1251 would require federal
analytical methods and feasible treatment methods that
agencies to coordinate on emerging contaminants research,
public water systems can use to monitor for contaminants
among other provisions. H.R. 1976 and S. 950 would direct
and comply with the MCL. They also include monitoring
the U.S. Geological Survey to conduct nationwide sampling
and reporting requirements (42 U.S.C. §300f(1), §300g-1).
of water and soil for PFAS, among other provisions. Other
Emergency Powers
bills would address PFAS at U.S. military installations or
designate PFAS as a hazardous substance under CERCLA,
SDWA authorizes EPA to take actions it deems necessary
among other purposes.
to abate an imminent and substantial endangerment to
public health from a contaminant present in or likely to
enter a public water system or an underground source of
Mary Tiemann, Specialist in Environmental Policy
Elena H. Humphreys, Analyst in Environmental Policy
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Regulating Drinking Water Contaminants: EPA PFAS Actions
IF11219
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