Updated June 18, 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
act (42 U.S.C. §300g-1(b)). In 2009, EPA placed PFOA and
least one public water system in 24 states and that four
PFOS on the third such contaminant candidate list (CCL 3)
other PFAS were also detected in some systems.
for evaluation (74 Federal Register 51850). In November
2016, EPA issued CCL 4, which carried over many CCL 3
SDWA provides EPA with several authorities to address
contaminants, including PFOA and PFOS, for further
unregulated contaminants in drinking water supplies and
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
https://crsreports.congress.gov
Regulating Drinking Water Contaminants: EPA PFAS Actions
health based; rather, they establish concentrations for
persons who caused or contributed to the endangerment to
reporting and data collection purposes.
provide alternative water supplies or to treat contamination,
etc. Since 2002, EPA has used this authority to require
In 2012, EPA issued the UCMR 3, requiring some 5,000
responses to PFOA and/or PFOS contamination of water
public water systems to monitor for six PFAS—including
supplies associated with four sites, including three
PFOA and PFOS—between January 2013 and December
Department of Defense (DOD) sites.
2015. PFOA was detected in 117 of these water systems at
levels above the PFOA MRL of 20 ppt, and PFOS was
MCLs and Remedial Actions
detected in 95 of the systems at concentrations above the
Under the Comprehensive Environmental Response,
PFOS MRL of 40 ppt. PFOA was detected in 13 (0.3%)
Compensation, and Liability Act (CERCLA, or “Superfund”),
systems at levels above EPA’s health advisory level of 70
MCLs may be considered in selecting remedial actions for
ppt. PFOS was detected in 46 (0.9%) systems above 70 ppt.
releases of hazardous substances, pol utants and other
EPA did not require monitoring for any PFAS in UCMR 4.
contaminants (42 U.S.C. §9621(d)). However, CERCLA
establishes liability only for releases of hazardous substances.
Regulatory Determinations
No PFAS has been designated as a hazardous substance.
SDWA requires EPA, every five years, to make a
regulatory determination—a determination of whether or
not to promulgate a national primary drinking water
PFAS Action Plan: Drinking Water
regulation—for at least five contaminants on the CCL.
In addition to the actions described above, EPA’s Action
Plan identifies other ongoing and proposed efforts related to
In selecting contaminants for a regulatory determination,
evaluating PFAS for potential regulation under SDWA.
SDWA directs EPA to prioritize those that present the
Several pending actions are outlined below:
greatest public health concern while considering a
contaminant’s health effects on population subgroups that
EPA continues to evaluate PFOA and PFOS to
may be at greater risk of adverse health impacts from
determine whether regulation is warranted and intends
exposure to a contaminant (e.g., infants, pregnant women).
to propose regulatory determinations by the end of 2019.
SDWA directs EPA to publish a preliminary determination
EPA is developing new analytical test methods to
and seek public comment before finalizing a determination.
support monitoring of more PFAS and at lower levels.
In 2016, EPA included PFOA and PFOS on its “short list”
(EPA has validated test methods for 18 PFAS.)
of contaminants identified for regulatory determinations in
CCL 4 (81 Federal Register 81103).
Using new test methods, EPA plans to include other
PFAS in the next unregulated contaminant monitoring
Developing Drinking Water Regulations
rule (UCMR 5) in 2020 to assess their occurrence.
Once the Administrator determines to regulate a substance,
EPA also plans to expand PFAS toxicity information and
EPA is required to propose a rule within 24 months and
provide more information about PFAS treatment and costs.
promulgate a national primary drinking water regulation
within 18 months after the proposal. EPA may extend the
Legislation in the 116th Congress
deadline for up to nine months (42 U.S.C. §300g-1(b)(1)).
Numerous bills in the 116th Congress propose to address
PFAS through various authorities and agencies. Among
For each regulation, EPA is required to establish a non-
drinking-water-related bills, S. 1473 and H.R. 2377 would
enforceable maximum contaminant level goal (MCLG) at a
direct EPA to establish an MCL for PFAS. H.R. 2800
level at which no known or anticipated adverse health
would expand monitoring for PFAS in drinking water.
effects occur, with an adequate margin of safety. For each
Several bills—including H.R. 2741, S. 611, H.R. 1417,
contaminant covered by the regulation, EPA is required to
H.R. 2533, and H.R. 2570—would authorize grants for
specify a maximum contaminant level (MCL)—an
water systems and/or households to treat PFAS in drinking
enforceable standard for a contaminant in public water
water.
supplies. SDWA directs EPA to set the MCL as close to the
MCLG as is “feasible” using best available technology,
S. 1790, the National Defense Authorization Act for Fiscal
Year 2020, contains various DOD-related PFAS provisions.
treatment techniques, or other means available, taking costs
into consideration. SDWA requires that regulations include
None would amend SDWA. However, amendments have
analytical methods and feasible treatment methods that
been filed that would do so. S.Amdt. 564 proposes to
address PFAS through multiple federal agencies and
public water systems can use to monitor for contaminants
and comply with the MCL. They also include monitoring
reflects provisions of several introduced bills. Regarding
and reporting requirements (42 U.S.C. §300f(1), §300g-1).
SDWA, S.Amdt. 564 would direct EPA to (1) issue MCLs
for PFAS (PFOA and PFOS at a minimum) within two
Emergency Powers
years of enactment, (2) require monitoring for all PFAS
SDWA authorizes EPA to take actions it deems necessary
with validated test methods in the next UCMR, and (3)
issue health advisories for more PFAS. Also, it would
to abate an imminent and substantial endangerment to
public health from a contaminant (regulated or unregulated)
authorize states to use drinking water state revolving funds
that is present in or likely to enter a public water system or
to provide grants to public water systems to address PFAS
and other emerging contaminants and would authorize
an underground source of drinking water (42 U.S.C. §300i).
appropriations for this purpose.
This authority is available if state and local authorities have
not acted. EPA actions may include issuing orders requiring
Mary Tiemann, Specialist in Environmental Policy
https://crsreports.congress.gov
Regulating Drinking Water Contaminants: EPA PFAS Actions
IF11219
Elena H. Humphreys, Analyst in Environmental Policy
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.
https://crsreports.congress.gov | IF11219 · VERSION 3 · UPDATED