Petitions to Review Filed for Federal PFAS Drinking Water Maximum Contaminant Levels 

On April 10th, the US EPA announced its final National Primary Drinking Water Regulation (NPDWR) for six PFAS compounds. The regulation established Maximum Contaminant Level (MCLs) for five individual PFAS (PFOA, PFOS, PFHxS, PFNA, and HFPO-DA, also known as GenX) and an additional MCL for combinations of four PFAS (PFHxS, PFNA, HFPO-DA, and PFBS). 

These compounds are also included in the Fifth Unregulated Contaminant Monitoring Rule (UCMR5), as part of a list of 29 PFAS compounds, with the EPA currently collecting samples. The NPDWR gave public water systems until 2027 to complete initial monitoring and determine if they are complying, and until 2029 to achieve the final MCLs.
 

After the issuance of these MCLs, at least two parties, 1) The National Association of Manufacturers (NAM) and American Chemistry Council (ACC), as well as 2) the American Water Works Association (AWWA) in conjunction with the Association of Metropolitan Water Agencies (AMWA), have filed petitions for review of the rule with the United States Court of Appeals for District of Columbia Circuit. These petitions make several similar arguments:

• The EPA did not follow the required rule making process under the Safe Drinking Water Act.

• The cost-benefit analysis conducted by the EPA failed to take into consideration the costs of reducing PFAS levels to these enforceable goals.

• The rule as written does not incorporate the best available science and data on health risks and other factors.

The AWWA/AMWA petition requests the Court’s review, however the NAM/ACC petition asks the Court to vacate the rule.