Last week, EPA transmitted four important documents to the EPA Science Advisory Board (SAB) for peer review that included updated health assessments for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). This peer review, which will start on December 16, will inform EPA’s development of a Maximum Contaminant Level (MCL) Goal and a future, legally enforceable National Primary Drinking Water Regulation for PFOA and PFOS under the Safe Drinking Water Act. As noted in the PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024, EPA intends to release a proposed drinking water regulation for PFOA and PFOS in fall 2022. These scientific documents will provide the underpinnings for that important regulation.
The transmitted documents propose new (and lower) allowable levels for ingestion of PFOA and PFOS. Once the peer review is complete, these assessments will also inform updated health advisories for PFOA and PFOS, which will be used to inform EPAs preliminary remediation goals (PRGs) for contaminated groundwater that is a current or potential source of drinking water. This can include sites being evaluated and addressed under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) and the Resource Conservation and Recovery Act (RCRA) corrective action program. Thus, the implications are broad and this review will be one worth watching.
The National Law Review, 23 November 2021