On April 10, in a move that is almost certain to result in legal challenges from states, utilities, and other entities charged with its implementation, EPA released its much-anticipated Final Rule limiting concentrations of certain per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” in public drinking water. The Final Rule, which EPA issued pursuant to the Safe Drinking Water Act (SDWA), represents the first time the federal government has set enforceable standards for any PFAS in drinking water.

The Final Rule sets a legally enforceable maximum ...

On March 27, 2024, the White House Office of Management and Budget (OMB) concluded its review of EPA’s final rule establishing a national drinking water regulation to limit concentrations of certain per- and polyfluoroalkyl substances (PFAS), or “forever chemicals,” in drinking water. When issued, this rule will be the first time the federal government has set enforceable standards for any PFAS in drinking water.

OMB reviews final rules before they are published to the public. The conclusion of OMB’s review marks a key milestone in the rulemaking process, which indicates ...

In an Agricultural Business Council of Kansas City article titled "Digging Deeper - PFAS in Agriculture: What Agri-Business Sector Needs to Know about the Latest Emerging Contaminants," Lathrop GPM attorneys Ally Cunningham, Jessie Rosell, Matt Walker, and Shanna McCormack discuss the EPA's and USDA's proposed classifications and guidelines for PFAS. These changes can impact a variety of agricultural operations, from the management and application of biosolids and pesticides to federal aid payments received by dairy farmers for PFAS contamination, and updated drinking ...

Earlier this month, the Wisconsin State Natural Resources Board (NRB) moved to regulate the two most widely studied PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), in both drinking water and surface water within the state. Unlike some other states that have moved to adopt aggressive standards for groundwater such as Michigan, however, the Board declined to set limits on PFAS in groundwater. The Wisconsin Board’s decisions come in the context of broader federal PFAS regulation by the United States Environmental Protection Agency ...

Last month, the EPA issued the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) to establish nationwide monitoring for 29 per- and polyfluoroalkyl substances (PFAS) and lithium in drinking water. The Safe Drinking Water Act mandates the EPA to monitor for unregulated contaminants in drinking water every 5 years. Under the UCMR 5, public water systems will collect data on 29 PFAS over a 12-month period from 2023 through 2025 with a report of final results in 2026. The UCMR 5 testing requirement will apply to public water systems serving over 10,000 people; all systems serving ...

On November 16, EPA asked its Science Advisory Board (SAB) to review draft scientific documents re-evaluating EPA’s 2016 analysis of potential health effects of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). The review could lead to EPA lowering its existing drinking water health advisory levels and inform development of National Primary Drinking Water Regulations for the two compounds.

EPA sent four draft documents with recent scientific data and analyses to its SAB that indicate adverse health effects may occur at lower levels of exposure to PFOA ...

Last Friday, the House of Representatives approved the bipartisan Infrastructure Investment and Jobs Act. The Act sets aside over $1.2 trillion in spending, $10 billion of which will be dedicated to addressing per- and polyfluoroalkyl (PFAS) contamination in water. Through the establishment of three new grant programs, $5 billion will go to assisting rural and disadvantaged communities address PFAS in drinking water, $4 billion is pledged to removing PFAS from drinking water supplies, and the remaining $1 billion will be used to help address the presence of PFAS in wastewater ...

Three northeastern states are among those that have recently taken legislative action to address PFAS in consumer products and the environment. Maryland recently banned 13 different PFAS and their salts from being sold in cosmetic products within the state. Vermont recently passed an even stricter law prohibiting the sale of several categories of commercial products containing PFAS. Finally, Maine has established a limit of 20 parts per trillion for six types of PFAS found in drinking water, well below EPA’s 70 parts per trillion advisory level for PFOS and PFOA, while also ...

Illinois is now the most recent state to take steps to address PFAS in drinking water. The Illinois Environmental Protection Agency (Illinois EPA) recently released non-enforceable Health Advisory Levels (HAL) for four different PFAS, including PFOA (one of the more prevalent and widely studied type of PFAS). Although a non-enforceable guidance level, Illinois EPA’s HAL for PFOA is among the lowest standards in the country at 2 parts per trillion (ppt), well below the 70 ppt HAL set by the U.S. Environmental Protection Agency.

What does this mean for Illinois businesses? Expect ...

February 22 brought another significant development in the world of PFAS, as EPA finalized its decision to regulate levels of PFOS and PFOA in drinking water under the Safe Drinking Water Act (SDWA). To date, EPA has only issued non-enforceable health advisory guidelines, but this new determination means EPA will initiate the scientific review process to propose Maximum Contaminant Levels (MCLs) and Maximum Contaminant Level Goals (MCLGs) for PFOA and PFOS within two years. For more details, read our legal alert here.