Local Government Law Bulletin July 2, 2024 Jonathan D. Tromp

EPA Establishes New Standards for PFAS Pertaining to Public Water Supplies

The Environmental Protection Agency (the “EPA”) recently established new drinking water standards for six chemical compounds known as “PFAS” in public water systems.

On April 10, 2024, the EPA announced the National Primary Drinking Water Regulations, or “NPDWR,” which establish maximum levels of certain PFAS in public water supplies as well as certain additional reporting requirements.

PFAS Thresholds Under the New Regulations

The EPA set new maximum levels at which specific PFAS, either individually or as mixtures, can be present in public water supplies. They are as follows:


Maximum Contaminant Level 


4.0 ppt


4.0 ppt


10 ppt


10 ppt


10 ppt

Mixture of two or more:


Hazard Index:  1

Who Must Comply

The new regulations apply to all Community Water Supply Systems (CWSs) and non-transient non-community water systems (NTNCWSs) as defined in Act 399 of the Public Acts of Michigan of 1976, the Michigan Safe Drinking Water Act, codified at MCL 325.1001 et seq.

Notice and Reporting Requirements

In addition to setting maximum contaminant levels, the new regulations provide for notice and reporting requirements, which once finalized, will require Community Water Supply Systems to report detected levels of PFAS and address violations of maximum contamination levels.

Timeline for Compliance/Monitoring

Within Three (3) Years: April 26, 2027:
–     Must have conducted initial monitoring or have obtained approval to use previously collected monitoring data

At three (3) Years:
–    Must initiate ongoing monitoring requirements
–    Results of monitoring for the regulated PFAS must be included in Consumer Confidence Reports
–    Must start issuing public notification for any monitoring or testing procedure violations

At five (5) years: April 26, 2029:
–    Must comply with all regulated PFAS Maximum Contaminate Levels (MCLs)
–    Must provide public notification for violations of PFAS levels

Costs of Compliance and Funding Sources

The EPA notes that, there are certain federal funding sources that may be available to water supplies to assist with costs of compliance.  Specifically, the Infrastructure Investment and Jobs Act, also referred to as the Bipartisan Infrastructure Law, allocates $11.7 billion in the Drinking Water State Revolving Fund (DWSRF) General Supplement, $4 billion to the DWSRF for Emerging Contaminates, and $5 billion in grants to the Emerging Contaminates in Small or Disadvantaged Communities.

Though the regulations provide a three-year timetable for monitoring compliance and five years to implement systems to ensure compliance with the maximum contaminant levels, such monitoring and compliance will come at a cost to public water supplies and require a significant amount of planning.  As such, public water supplies should be aware of the requirements under the regulations and plan ahead to ensure compliance as well as to take advantage of alternative funding sources that may be available.

If you have any questions regarding the EPA’s new PFAS regulations and the effect these regulations may have on your public water supply, please contact a lawyer in our firm’s Municipal Law Practice Group.


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