April 2024

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On April 10, 2024, U.S. EPA announced a National Primary Drinking Water Regulation (NPDWR) establishing legally enforceable Maximum Contaminant Levels (MCLs) and non-enforceable Maximum Contaminant Level Goals (MCLGs) for six per- and polyfluoroalkyl substances (PFAS) in drinking water under the Safe Drinking Water Act (SDWA).

The final rule requires public water systems to: (1) complete initial monitoring for these PFAS by 2027 and provide public notice of initial monitoring results beginning in 2027; (2) implement solutions by 2029 to reduce these PFAS if drinking water levels exceed the MCLs; and (3) starting in 2029, take action to reduce PFAS in response to violations of the MCLs and to provide public notice of any such violations. EPA PFAS NPDWR Summary.

A pre-publication version of EPA’s final rule is available here.

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced the pending publication of a final rule designating two widely used per-and polyfluoroalkyl substances (PFAS) chemicals—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

This announcement comes approximately a year and a half after EPA initially proposed the designation of PFOA and PFOS as CERCLA hazardous substances via EPA’s publication of its proposed rule in late 2022.

The coalition of law firms, including Taft, that have been working together for over a decade to lead litigation and secure settlements on behalf of those harmed by PFAS contamination, have announced another major settlement to address this “forever chemicals” contamination in U.S. drinking water…