Updated January 21, 2020
Regulating Drinking Water Contaminants: EPA PFAS Actions
The U.S. Environmental Protection Agency’s (EPA) efforts
70 parts per trillion (ppt) separately or combined. EPA
to address the presence of per- and polyfluoroalkyl
developed these advisory levels to protect the most
substances (PFAS) in drinking water has been the focus of
sensitive population groups, with a margin of protection,
increased congressional attention. Over the past decade,
over a lifetime of daily exposure.
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 other
provided by public water systems and specifies a multistep
actions to address PFAS in drinking water.
process for evaluating contaminants to determine whether a
national primary drinking water regulation is warranted (42
The 116th Congress has held hearings and passed legislation
U.S.C. §300g-1). The process includes identifying
directing EPA and other departments and agencies to take a
contaminants of potential concern, assessing health risks,
range of actions to address PFAS contamination. In
collecting occurrence data (and developing any necessary
February 2019, EPA issued a PFAS Action Plan (EPA
test methods), and making determinations as to whether a
823R18004), which discusses EPA’s efforts to address
national drinking water regulation is warranted.
PFAS under multiple environmental laws. This In Focus
outlines the agency’s activities to address PFAS using
To make a positive determination to regulate a contaminant,
SDWA authorities and reviews related legislative actions.
SDWA directs EPA to find the following: (1) a contaminant
may have an adverse health effect; (2) it is known to occur
Background
or there is a substantial likelihood that it will occur in water
PFAS include thousands of diverse chemicals, some of
systems at a frequency and at levels of public health
which have been used for decades in an array of industrial,
concern; and (3) in the sole judgment of the EPA
commercial, and U.S. military applications. The chemical
administrator, regulation of the contaminant presents a
characteristics of PFAS have led to the use of various PFAS
meaningful opportunity for reducing health risks. Below is
for an array of purposes such as fighting fuel-based fires
an overview of each step and related EPA efforts regarding
and for processing and manufacturing numerous
the assessment of specific PFAS.
commercial products (e.g., stain-resistant and waterproof
fabrics, nonstick cookware, and food containers).
Contaminant Selection
Every five years, EPA is required to publish a list of
The two PFAS most frequently detected in drinking water
contaminants that are known or anticipated to occur in
are perfluorooctanoic acid (PFOA) and perfluorooctane
public water systems and may warrant regulation under the
sulfonate (PFOS). (U.S. manufacturers have phased out the
act (42 U.S.C. §300g-1(b)). In 2009, EPA placed PFOA and
production and most uses of PFOA and PFOS.) In 2016,
PFOS on the third such contaminant candidate list (CCL 3)
EPA reported that PFOA and/or PFOS were detected in at
for evaluation (74 Federal Register 51850). In November
least one public water system in 24 states. Four other PFAS
2016, EPA issued CCL 4, which carried over many CCL 3
were also detected in some systems.
contaminants, including PFOA and PFOS, for further
evaluation (81 Federal Register 81103).
SDWA provides EPA with several authorities to address
unregulated contaminants in drinking water supplies and
Monitoring for Unregulated Contaminants
sources. As briefly discussed below, these include the
To generate nationwide occurrence data for unregulated
authority to issue health advisories, regulate contaminants
contaminants, SDWA directs EPA to promulgate, every
in public water supplies, and issue enforcement orders in
five years, an unregulated contaminant monitoring rule
certain emergency circumstances.
(UCMR) that requires water systems operators to test for no
more than 30 contaminants (42 U.S.C. §300j-4). EPA
Drinking Water Health Advisories
generally requires monitoring by operators of all public
SDWA authorizes EPA to issue health advisories for
water systems that serve more than 10,000 persons, plus a
contaminants that are not regulated under the act (42 U.S.C.
representative sample of smaller systems. (Roughly, 82% of
§300g-1(b)(1)(F)). Health advisories provide information
the U.S. population is provided water from public water
on health effects, testing methods, and treatment techniques
systems that serve more than 10,000 individuals.)
for unregulated contaminants of concern. They also include
nonenforceable levels to help water suppliers and others
In 2012, EPA issued the UCMR 3, requiring roughly 5,000
address contaminants that lack federal (or state) drinking
water systems to monitor for six PFAS—including PFOA
water standards. In 2016, EPA issued Lifetime Health
and PFOS—between January 2013 and December 2015.
Advisory levels for PFOA and PFOS in drinking water at
According to EPA, 63 water systems (1.3%) serving an
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Regulating Drinking Water Contaminants: EPA PFAS Actions
estimated 5.5 million individuals detected PFOA and/or
MCLs and Remedial Actions
PFOS at levels above EPA’s health advisory level of 70 ppt
Under the Comprehensive Environmental Response,
(separately or combined).
Compensation, and Liability Act (CERCLA, or “Superfund”),
Regulatory Determinations
MCLs may be considered in selecting remedial actions for
releases of hazardous substances, pol utants, and other
SDWA requires EPA to make a regulatory determination—
contaminants (42 U.S.C. §9621(d)). However, CERCLA
a determination of whether or not to promulgate a national
establishes liability only for releases of hazardous substances.
primary drinking water regulation—for at least five
No PFAS has been designated as a hazardous substance. In the
contaminants every five years.
116th Congress, several bil s (e.g., H.R. 535 and S. 638) would
direct EPA to designate PFAS as hazardous substances under
In selecting contaminants for regulatory determinations,
CERCLA. The National Defense Authorization Act for Fiscal
SDWA directs EPA to prioritize those that present the
Year 2020 (P.L. 116-92), Section 316, expands DOD
greatest health concern while considering a contaminant’s
responsibility for response actions to include PFAS and other
effects on subgroups that may be at greater risk of adverse
pol utants or contaminants but does not establish CERCLA
health impacts from exposure to a contaminant (e.g.,
liability for these chemicals. (See CRS Report R45986, Federal
infants, pregnant women). EPA is required to publish a
Role in Responding to Potential Risks of Per- and Polyfluoroalkyl
preliminary determination and seek public comment before
Substances (PFAS).)
finalizing a determination.
In 2016, EPA included PFOA and PFOS on its “short list”
PFAS Action Plan: Drinking Water
of contaminants identified for regulatory determinations in
EPA’s Action Plan identifies additional efforts related to
CCL 4 (81 Federal Register 81103). EPA expected to
evaluating PFAS for potential regulation. Among others,
propose preliminary regulatory determinations for PFOA
EPA is developing new analytical test methods to support
and PFOS by the end of 2019, followed by final
UCMR monitoring of more PFAS and at lower levels.
determinations by 2021.
(EPA has validated test methods for 29 PFAS.) The agency
is also developing PFAS toxicity information and providing
Developing Drinking Water Regulations
more information about PFAS treatment techniques and
If the EPA administrator determines to regulate a substance,
costs.
EPA is required to propose a rule within 24 months and
Legislation in the 116th Congress
promulgate a drinking water regulation within 18 months
after the proposal. EPA may extend the deadline for up to
In the 116th Congress, numerous bills would address PFAS
nine months (42 U.S.C. §300g-1(b)(1)).
through various authorities and agencies. P.L. 116-92
(H.Rept. 116-333) includes multiple PFAS provisions,
For each regulation, EPA is required to establish a
primarily regarding DOD, but several involve EPA and
nonenforceable maximum contaminant level goal (MCLG)
other federal agencies. P.L. 116-92, Title LXXIII, includes
at a level at which no known or anticipated adverse health
several PFAS drinking water provisions. Section 7311
effects occur, with an adequate margin of safety. For each
requires EPA to add to UCMR 5 all PFAS or categories of
contaminant covered by the regulation, EPA generally
PFAS with validated test methods. Section 7312 establishes
specifies a maximum contaminant level (MCL)—an
a grant program within the Drinking Water State Revolving
enforceable standard applicable to public water suppliers.
Fund to assist water systems in addressing emerging
SDWA directs EPA to set the MCL as close to the MCLG
contaminants with an emphasis on PFAS. Section 7312
as is “feasible” using best available technology or other
authorizes appropriations of $100 million annually for
means available, taking costs into consideration. SDWA
FY2020-FY2024 for this purpose.
requires that regulations include analytical methods and
feasible treatment methods that public water systems can
On January 10, 2020, the House passed H.R. 535, a broad
use to monitor for contaminants and comply with the MCL.
PFAS bill with several SDWA amendments. The bill would
They also include monitoring and reporting requirements
direct EPA to promulgate drinking water regulations for
(42 U.S.C. §300f(1), §300g-1).
PFAS (with standards for at least PFOS and PFOA) within
two years. H.R. 535 would establish a drinking water
Emergency Powers
regulatory process and schedule specifically for PFAS. It
SDWA authorizes EPA to take actions it deems necessary
would direct EPA to issue a health advisory within a year of
to abate an imminent and substantial endangerment to
finalizing a toxicity value for a single PFAS or class of
public health from a contaminant (regulated or unregulated)
PFAS. Among other bills, several would direct EPA to
that is present in or likely to enter a public water system or
issue final or interim regulations for all or some PFAS,
an underground source of drinking water (42 U.S.C. §300i).
authorize grants for systems and/or households to treat
This authority is available if state and local authorities have
PFAS, and/or increase PFAS monitoring. For further
not acted. EPA actions may include issuing orders requiring
discussion of PFAS drinking water bills and EPA actions,
persons who caused or contributed to the endangerment to
see CRS Report R45793, PFAS and Drinking Water:
provide alternative water supplies or to treat contamination,
Selected EPA and Congressional Actions.
among other actions. Since 2002, EPA has used this
authority to require responses to PFOA and/or PFOS
Mary Tiemann, Specialist in Environmental Policy
contamination of water supplies associated with four sites,
Elena H. Humphreys, Analyst in Environmental Policy
including three Department of Defense (DOD) sites.
IF11219
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Regulating Drinking Water Contaminants: EPA PFAS Actions


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