PFAS

The U.S. Environmental Protection Agency (EPA) finalized a National Primary Drinking Water Regulation establishing Maximum Contaminant Levels for six PFAS in drinking water. PFOA, PFOS, PFHxS, PFNA, and HFPO-DA as contaminants with individual MCLs, and PFAS mixtures containing at least two or more of PFHxS, PFNA, HFPO-DA, and PFBS using a Hazard Index MCL to account for the combined and co-occurring levels of these PFAS in drinking water, however the MCL is set at 1 rather than 1.0. EPA also finalized health-based, non-enforceable Maximum Contaminant Level Goals (MCLGs) for these PFAS.

Phased-In Compliance Timeline - Under the final Rule, systems must complete the initial monitoring requirements for each PFAS within three years, and when warranted, take steps to assure compliance within five years. Beginning in 2027: 1) Systems must include results of initial monitoring and regular monitoring for PFAS for compliance in their consumer confidence reports and 2) Systems must issue public notifications for monitoring and reporting violations. By 2029, systems that are not in compliance with the MCL based on compliance monitoring must take steps to comply and issue public Tier 2 notifications.

Communications Toolkit - EPA has provided a toolkit to assist public water systems and other in communicating with the public regarding the final rule.

PFAS INFORMATION FOR PUBLIC WATER SYSTEMS 

The state Department of Public Health Drinking Water Section includes PFAS information for Public Water Systems on its website, including Recommended Actions for Public Water Systems that have tested for PFAS.

Regulation of PFAS in the Environment

Given the magnitude of the PFAS problem, the Connecticut Interagency PFAS Task Force, which includes the state Dept. of Energy & Environmental Protection (DEEP) and other state agencies, is actively working to address PFAS in Connecticut utilizing the multi-pronged approach outlined in the Connecticut PFAS Action Plan:

1. Minimize Environmental Exposures to Protect Human Health
2. Prevent PFAS Pollution by Minimizing Future Releases
3. Identify, Assess and Cleanup of Historical PFAS Releases
4. Enhance Education, Outreach, and Communication on PFAS

Settlement Information

The PFAS Public Water System Settlement website is devoted to Settlements entered into in the AFFF multi-district Litigation no. 2873 (“MDL”) which are overseen by the United States District Court for the District of South Carolina. The current Settlement Agreements are class action settlements designed to resolve Claims for PFAS contamination in Public Water Systems’ Drinking Water, as those terms are defined in the respective Agreements, which are with the following groups of Settling Defendants: (1) the 3M company (“3M”); (2) E.I. Du Pont de Nemours and company (n/k/a Eidp, Inc.), Dupont de Nemours inc., the Chemours company, the Chemours company fc, llc, and Corteva, inc. (collectively, “Dupont”), (3) Tyco Fire Products LP (“Tyco”) and Chemguard, Inc. (“Chemguard”) (collectively, “the Tyco Defendants”) and (4) BASF Corporation (“BASF”). 

These Settlements are designed to resolve Claims for PFAS contamination in Public Water Systems’ Drinking Water, as those terms are defined in the respective Agreements. The 3M and DuPont Settlements have obtained Final Approval by the MDL Judge, the honorable Richard M. Gergel of the United States District Court for the District of South Carolina. The Tyco Settlement is pending preliminary approval.