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PFAS

Pennsylvania’s new MCLs for PFOA and PFOS  Will have Significant Impacts on Drinking Water Suppliers, Environmental Due Diligence, and Act 2 Cleanups

The Pennsylvania Department of Environmental Protection (PADEP) has announced its publication of the PFAS MCL Rule in the January 14, 2023 Pennsylvania Bulletin. The rule became effective as of that date.  

The new rule sets the Maximum Contaminant Level (MCL) of 14 parts per trillion (ppt) for PFOA and an MCL of 18 ppt for PFOS in drinking water.  

PADEP’s new PFAS MCL Rule webpage confirms that the rule applies to all public water systems in the Commonwealth, and that the monitoring requirements have been established for community water systems, nontransient noncommunity water systems, and bottled, vended, retail, and bulk systems (BVRBs). Initial monitoring will be required for 4 consecutive calendar quarters at each entry point (EP) to the distribution systems over the next year or two, depending on the type of system.

The new standards apply not only to public water systems, but also to environmental site cleanups, as these concentrations are also now adopted as new Statewide Health Standards for PFOA and PFOS in groundwater under Pennsylvania’s Act 2 regulations.  This creates significant new considerations in Phase I Environmental Site Assessments in Pennsylvania, and may lead to more site owners seeking Act 2 cleanup liability protection in the future.

Brickhouse Environmental has been very active in the monitoring and evaluation of PFAS in groundwater, including source identification and migration studies.  If you have questions on PFAS or how the new PFAS MCL Rule may affect your property, please contact David Farrington or one of our other Professional Geologists.

NJDEP Requirements for Evaluating PFAS and Other “Contaminants of Emerging Concern”

On August 5, 2021, the New Jersey Department of Environmental Protection (“NJDEP”) issued updated guidance on requirements for evaluating Contaminants of Emerging Concern (“CECs”), such as per- and polyfluoroalkyl substances (PFAS). 

The August 5th  NJDEP update specifically addresses 4 CECs, including: PFAS; 1,4-dioxane; 1,2,3-trichloropropane (1,2,3-TCP), and perchlorate.

The requirement to evaluate CECs applies to any site currently undergoing remediation in NJ, as well as sites that have already completed the active remedial process but have ongoing maintenance or monitoring obligations.  As an example, for a site where a Remedial Action Permit has already been obtained, but a Classification Exception Area (CEA) is in place, the Licensed Site Remediation Professional (LSRP) for the site will need to conduct a CEC evaluation for the site.  Likewise, for sites that are still in the remediation process, the LSRP is required to assess whether one or more of the 4 specified CECs is a potential contaminant of concern at the site. 

While this may have slipped under the radar for some, parties with ongoing compliance obligations at a remediated site should understand that a CEC evaluation will be required as part of their next report submission.  For instance, NJDEP has updated its Biennial Certification forms to specifically require a CEC evaluation as part of the submittal for sites with Remedial Action Permits.

The NJDEP Guidance for evaluating CECs can be found here:  https://www.state.nj.us/dep/srp/emerging-contaminants

EPA Announces New Drinking Water Health Advisories for Four PFAS Chemicals

On June 15, 2022, the U.S. Environmental Protection Agency (EPA) released four drinking water health advisories for per- and polyfluoroalkyl substances (PFAS) in the latest action under President Biden’s and the EPA’s PFAS Strategic Roadmap.

The EPA had previously established the health advisory levels at 70 parts per trillion for combined concentrations of PFOA and PFOS.  

The new HALs are as follows:

SubstanceHealth Advisory Level (parts per trillion or ppt)
PFOA0.004 (interim)
PFOS0.02 (interim)
PFBS2,000 (final)
GenX chemicals10 (final)

These health advisory levels are orders of magnitude lower than before, and are likely to trigger lower state-specific standards across the U.S. These interim health advisories will remain in place until EPA establishes a National Primary Drinking Water Regulation, with a goal of issuing the final standards by the end of 2022.  These interim standards for PFOA and PFOS are currently well below laboratory detection limits, which creates a whole new challenge. Brickhouse Environmental’s scientists have continued to hone their expertise in PFAS sampling & analysis, as well as source identification and migration studies in soil, wastewater, and groundwater.  If you have questions on PFAS or related topics, contact David Farrington, P.G. at dfarrington@brickhouse-environmental.com.