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EPA On the Cusp of Issuing First-Ever Federal Enforceable Drinking Water Standard for Certain PFAS
EPA On the Cusp of Issuing First-Ever Federal Enforceable Drinking Water Standard for Certain PFAS

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 that EPA’s issuance of the final PFAS rule to the public may be imminent, rumored to possibly come as early as this week.

The substance and scope of the final rule will remain unknown until it is published, including to what degree, if any, it differs from the proposed rule that EPA published in March 2023. Details regarding the 2023 proposed rule to set a legally enforceable maximum contaminant level (MCL) for six types of PFAS can be found in the legal alert published by Lathrop GPM on that topic last year. Lathrop GPM will provide additional information regarding the final PFAS rule and its requirements after it is made public.

For more information, contact Bill Beck, Ally Cunningham, Rick Kubler, Cynthia Teel, Jessica Rosell, Matt Walker, Blaine Bengtson or your regular Lathrop GPM attorney.

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The information contained in this post is provided to alert you to legal developments and should not be considered legal advice. It is not intended to and does not create an attorney-client relationship. Specific questions about how this information affects your particular situation should be addressed to one of the individuals listed. No representations or warranties are made with respect to this information, including, without limitation, as to its completeness, timeliness, or accuracy, and Lathrop GPM shall not be liable for any decision made in connection with the information. The choice of a lawyer is an important decision and should not be based solely on advertisements.

About this Blog

Lathrop GPM has deep experience developing regulatory strategy and defending litigation in the area of per- and polyfluoroalkyl substances (PFAS), and we have been involved in some of the nation’s most-publicized cases. The PFAS Playbook blog is dedicated to helping readers stay up to date and understand the latest regulatory updates on PFAS. 

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