PFAS and Drinking Water: Selected EPA and Congressional Actions

Summary

Per- and polyfluoroalkyl substances (PFAS) are fluorinated chemicals that have been used in an array of commercial, industrial, and U.S. military applications for decades. Some of the more common applications include nonstick coatings, food wrappers, waterproof materials, and fire suppressants. Detections of some PFAS in drinking water supplies and uncertainty about potential health effects associated with exposure to particular PFAS above certain concentrations have increased calls for the U.S. Environmental Protection Agency (EPA) to address these substances in public water supplies. For those few PFAS for which scientific information is available, animal studies suggest that exposure to particular substances above certain levels may be linked to various health effects, including developmental effects; changes in liver, immune, and thyroid function; and increased risk of some cancers. In 2009, EPA listed certain PFAS for formal evaluation under the Safe Drinking Water Act (SDWA) to determine whether regulations may be warranted. EPA has not issued drinking water regulations for any PFAS but has taken various actions to address PFAS contamination.

In the 116th Congress, Members have introduced more than 35 bills to address PFAS through various means. Multiple bills would direct EPA to take regulatory and other actions to address these emerging contaminants under several environmental statutes, including SDWA. Several SDWA-related bills would direct EPA to establish a drinking water standard for one or more PFAS, require monitoring for PFAS in public water supplies, and authorize grants to communities to treat PFAS in drinking water.

In February 2019, EPA released its PFAS Action Plan, which discusses the agency’s current and proposed actions to address these substances under its various statutory authorities. Regarding SDWA, the plan notes that EPA is following the statutory process for evaluating PFAS—particularly perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS)—to determine whether national primary drinking water regulations are warranted. EPA is scheduled to propose preliminary regulatory determinations for PFOA and PFOS by the end of 2019 and to make final determinations by the end of 2020. The plan also reviews other SDWA authorities that the agency is using to address PFAS in drinking water.

The absence of a national health-based drinking water standard for any PFAS has increased interest in the SDWA process for regulating contaminants. The statute prescribes a risk- and science-based process for evaluating and regulating contaminants in drinking water. The evaluation process includes identifying contaminants of potential concern, assessing health risks, collecting occurrence data (and developing reliable analytical methods necessary to do so), and making determinations as to whether a national drinking water regulation is warranted for a contaminant.

PFAS includes thousands of diverse chemicals, and setting scientifically sound drinking water standards for one or multiple PFAS raises technical and scientific challenges. For example, SDWA requires EPA to make determinations and set standards using the best available peer-reviewed science and occurrence data. However, data on the potential health effects and occurrence are available for very few of these substances. Further, EPA may face challenges in developing test methods needed to evaluate PFAS occurrence and technologies to treat PFAS in drinking water. Contamination of drinking water by PFAS can pose challenges for states and communities, and some have called for EPA to establish a health-based standard. State drinking water regulators have noted that many states may face significant obstacles in setting their own standards.

For emerging contaminants not regulated under SDWA, EPA is authorized to issue health advisories, which provide information on health effects, testing methods, and treatment techniques for contaminants of concern. In 2016, EPA established health advisory levels for PFOA and PFOS in drinking water at 70 parts per trillion (separately or combined).

SDWA also authorizes EPA to take actions it deems necessary to abate an imminent and substantial endangerment to public health from a contaminant present in or likely to enter a public water system or an underground source of drinking water. Actions may include issuing orders requiring persons who caused or contributed to the endangerment to provide alternative water supplies or to treat contamination. Since 2002, EPA has used this authority to require responses to PFOA and/or PFOS contamination of water supplies associated with four sites, including three Department of Defense sites.