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PFAS in Drinking Water: EPA Landmark Final Rule Establishing MCLs; Costly Requirements; Compliance Timeline

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, August 6, 2024

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will guide practitioners through the U.S. EPA's ground-breaking final rule, effective June 25, 2024, establishing the first enforceable federal regulations governing PFAS levels in drinking water under the Safe Drinking Water Act. The panel will discuss covered PFAS chemicals and the regulations' costly requirements for covered entities. The panel will also address interaction with CERCLA and state law and offer best practices for compliance.

Description

The U.S. EPA recently issued its final rule, the National Primary Drinking Water Regulation, providing the first enforceable federal drinking water regulations for PFAS. The rule, effective June 25, 2024, establishes maximum contaminant levels (MCLs) for five individual PFAS in drinking water as well as a Hazard Index MCL for a mixture of two or more of four PFAS chemicals.

The final rule will have far-reaching effects on "public water systems" that include not only municipal drinking water plants but also localized facilities such as schools, hospitals, and office buildings that may have their own water processing systems. The rule's impact will also extend beyond directly regulated entities and become applicable at Superfund sites, likely resulting in an increased scope of cleanup, cleanup costs, and potentially responsible parties.

Compliance will require costly technological and capital improvements to meet the monitoring, sampling, and reporting requirements imposed by the final rule. Additionally, the final rule has mitigation and public notification requirements where drinking water violates one or more of the MCLs.

Although public water systems have three years (by 2027) to complete initial monitoring, given the expansive scope of the rule and its impact, counsel and their clients should understand the rule's ramifications and begin preparation now.

Listen as our expert panel takes an in-depth look at the EPA's final rule governing PFAS levels in drinking water and its impact on covered entities. The panel will also offer best practices for compliance.

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Outline

  1. Introduction: history of the EPA's PFAS drinking water regulations
  2. EPA final rule
    1. Changes from the 2023 proposed rule
    2. Covered PFAS types
    3. Maximum contaminant levels and MCL goals
    4. Covered entities
    5. Required action
      1. PFAS monitoring/sampling
      2. Public notification
      3. PFAS reduction
    6. Compliance timeline
    7. Reporting requirements
  3. Rule's impact
    1. Public water systems
      1. Technology/capital improvements
      2. Costs
    2. Other water quality standards (e.g. groundwater)
    3. CERCLA and state remedial action plans
  4. Enforcement
  5. State/local law interaction
  6. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • How does the final rule differ from the proposed rule?
  • Who are covered entities under the final rule?
  • What monitoring, sampling, and reporting requirements does the rule impose, resulting in what potential costs to meet these requirements?
  • How may the new rule impact Superfund sites?
  • What is the compliance timeline for the new rule?

Faculty

Barnett, Bonnie
Bonnie Allyn Barnett

Partner
Faegre Drinker Biddle & Reath

Ms. Barnett defends clients in large-scale environmental disputes and helps protect them with advice on regulatory...  |  Read More

Kellogg, Seth
Seth Kellogg, PG

Senior Principal Geologist
Geosyntec Consultants

Ms. Kellogg is a leader in evaluating and managing sites impacted by PFAS. She co-authored the first PFAS best...  |  Read More

Szabo, Aaron
Aaron L. Szabo

Senior Director
Faegre Drinker Biddle & Reath

Mr. Szabo partners with clients to navigate complex environmental and energy issues. He provides advice on climate...  |  Read More

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