First National PFAS Regulation

For the first time, the U.S. Environmental Protection Agency (EPA) has announced federal regulations on a class of synthetic chemicals known as “forever chemicals” in drinking water. PFAS, or per- and poly-fluoroalkyl substances, are chemicals that persist in the environment for long periods of time and pose significant health risks, including cancer and other serious illnesses. These chemicals are used in industry and consumer products such as nonstick cookware, waterproof clothing, and stain- resistant furniture.  

To mitigate the health risks associated with PFAS, the EPA established nationwide drinking water limits – also known as Maximum Contaminant Levels (MCLs) for five individual PFAS chemicals: PFOA, PFOS, PFNA, PFHxS, and HFPO-DA (known as GenX Chemicals). The EPA also set a Hazard Index level for two or more of four PFAS as a mixture: PFNA, PFHxS, HFPO-DA, and PFBS. The rule aims to significantly reduce PFAS levels in drinking water across the United States, benefiting approximately 100 million Americans.  

Across the nation, communities with drinking water utilities will need to comply with these regulations within the next five years. Water utilities have three years to conduct sampling and monitor for specific PFAS compounds and levels to determine if further action is warranted. By 2027, communities will need to inform the public of any detected PFAS levels in their drinking water.  If levels exceed the established MCLs, water utilities have until 2029 to implement solutions to remove PFAS through treatment technologies, such as granular activated carbon, ion exchange or high-pressure membrane filtration, or find an alternative water source to reach concentrations below the MCL and hazard index levels. 

NWPA communities that rely on the Fox River and shallow sand and gravel aquifer systems for drinking water may be impacted by the new regulations. In 2020 and 2021, the Illinois Environmental Protection Agency (IEPA) conducted statewide sampling to measure PFAS at entry points to public water supply and distribution systems. Broadly, the sampling effort detected PFAS at various entry points near the Fox River and shallow wells within the NWPA region. Although water utilities will still need to monitor PFAS over the next three years, the IEPA website provides a summary and interactive map of the 2020-2021 sampled PFAS measurements, giving communities and their water utilities a glimpse at how PFAS levels may affect them. The scale at which these new regulations may impact communities will ultimately depend on if and at what levels PFAS are detected, the types of PFAS detected (applicable treatment technology varies on the PFAS class), and the water utility’s ability to pursue the most effective solutions within five years.  

Financial support for PFAS issues is available through the EPA's Emerging Contaminants in Small or Disadvantaged Communities (EC-SDC) grants, a program established by the Bipartisan Infrastructure Law. Additionally, the IEPA Drinking Water State Revolving Fund (DWSRF) program is providing financial assistance for PFAS-related projects. DWSRF programs function like infrastructure banks by providing low-interest loans and, in some cases, principal forgiveness loans, to eligible recipients for drinking water infrastructure projects. The DWSRF had $32.7M set aside for emerging contaminant principal forgiveness loans in FY24. FY25 and FY26 are currently projected to include up to $32.8M and 38.0M in principal forgiveness loans, respectively. It should be noted that caps likely will be established on the 100% principal forgiveness loans based on the number of applicant communities.  

Learn more about PFAS regulations and resources here.