Elena H. Humphreys wrote this CRS InFocus Report: 'PFAS and Drinking Water: Selected EPA and Congressional Actions'.
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Summary
Per- and polyfluoroalkyl substances (PFAS) are fluorinated chemicals that have been used in an array of commercial, industrial, and U.S. military applications for decades. Some of the more common applications include nonstick coatings, food wrappers, waterproof materials, and fire suppressants. Detections of some PFAS in drinking water supplies and uncertainty about potential health effects associated with exposure to particular PFAS above certain concentrations have increased calls for the U.S. Environmental Protection Agency (EPA) to control these substances in public water supplies. For those few PFAS for which scientific information is available, animal studies suggest that exposure to particular substances above certain levels may be linked to various adverse health effects, including developmental effects; changes in liver, immune, and thyroid function; and increased risk of some cancers. In 2009, EPA listed certain PFAS for formal evaluation under the Safe Drinking Water Act (SDWA) to determine whether regulations may be warranted. In 2016, EPA issued nonenforceable lifetime health advisory levels for two PFAS—perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) in drinking water at 70 parts per trillion (ppt), separately or combined. In March 2021, EPA made a determination to issue drinking water regulations for PFOA and PFOS. In 2022, EPA issued revised interim lifetime health advisory levels for PFOA (i.e., 0.004 ppt) and PFOS (i.e., 0.02 ppt), as well as finalized lifetime health advisory levels for hexafluoropropylene oxide dimer acid and its ammonium salt (together referred to as “GenX chemicals”) at 10 ppt and perfluorobutane sulfonic acid and its related compound potassium perfluorobutane sulfonate (together referred to as “PFBS”) at 2,000 ppt. Among other actions, EPA issued a PFAS Action Plan, formed the EPA Council on PFAS to better understand the potential risks of PFAS, and issued a revised plan, a “PFAS Strategic Roadmap,” which further identifies EPA planned actions using several statutory authorities.EPA’s determination to issue drinking water regulations for PFOA and PFOS has increased congressional attention to the SDWA regulation development process. The act requires a risk- and science-based process for evaluating and regulating contaminants in drinking water. The evaluation process includes identifying contaminants of potential concern, assessing health risks, collecting occurrence data (and developing reliable analytical methods necessary to do so), and making determinations as to whether a national drinking water regulation is warranted for a contaminant. Under SDWA, EPA is required to propose a regulation within 24 months of finalizing a regulatory determination (e.g., by March 2023 for PFOA and PFOS), and finalize the regulation within 18 months of publishing the proposal. The PFAS Strategic Roadmap states that the agency plans to propose a PFOA and PFOS drinking water regulation by fall 2022, and finalize by fall 2023.
PFAS include thousands of diverse chemicals, and setting drinking water standards for individual or groups of PFAS raises technical and scientific challenges. For example, SDWA requires EPA to make determinations and set standards using the best available peer-reviewed science and occurrence data. However, data on the potential health effects and occurrence are available for few of these substances. Contamination of drinking water by various PFAS can pose challenges for states and communities, and some have called for EPA to establish enforceable standards for these substances. State drinking water regulators have noted that many states may face significant obstacles in setting their own standards.
SDWA also authorizes EPA to take actions it deems necessary to abate an imminent and substantial endangerment to public health from a contaminant present in or likely to enter a public water system or an underground source of drinking water. Actions may include issuing orders requiring persons who caused or contributed to the endangerment to provide alternative water supplies or to treat contamination. Since 2002, EPA has used this authority to require responses to PFOA and/or PFOS contamination of water supplies associated with four sites, including three Department of Defense (DOD) sites.
In recent Congresses, numerous bills would address PFAS through various authorities and agencies. The 117th Congress has taken up legislation to address PFAS in a range of contexts. On July 21, 2021, the House passed H.R. 2467, the PFAS Action Act of 2021. As passed, H.R. 2467 would direct EPA to promulgate PFAS drinking water regulations on an accelerated timeline. Additionally, the Infrastructure Investment and Jobs Act (IIJA; P.L. 117-58), enacted in November 2021, provides emergency appropriations for a grant program for public water systems to address PFAS and other emerging contaminants that was authorized by the National Defense Authorization Act (NDAA) for FY2020 (P.L. 116-92). The NDAA for FY2020 included multiple PFAS provisions regarding primarily the DOD, but several involve EPA and other federal agencies. Among the EPA provisions, Title LXXIII, Subtitle A, directs EPA to require public water systems to conduct additional monitoring for PFAS. Title LXXIII, Subtitle A, also authorizes the aforementioned grant program for public water systems to address PFAS and other emerging contaminants.
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