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Environmental Law Monitor

Your Guide to Emerging Issues in Environmental Regulation and Litigation.

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• Environmental Law Monitor, PFAS, Regulations

Cat & Mouse: NY Passes Max Contaminant Level for PFAS in Response to Expected EPA Revisions

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As we recently reported here and here, the Environmental Protection Agency has stated it is revisiting and rolling back some of its limits on per- and polyfluoroalkyl substances (PFAS) in drinking water. The prior regulations set by the EPA included the following:

  • A Maximum Contaminant Level Goal (MCLG) of zero for PFOA and PFOS.
  • Enforceable Maximum Contaminant Levels (MCLs) set at 4.0 parts per trillion for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), individually.
  • For perfluorononanoic acid (PFNA), perfluorohexanesulfonic acid (PFHxS), and GenX chemicals (a nickname given to shorter-chain chemicals used to make high-performance fluoropolymers without PFOA), the MCLGs and MCLs were set at 10 parts per trillion.
  • Limits were also set for any mixture containing two or more of the following PFAS: PFNA, PFHxS, perfluorobutanesulfonic acid (PFBS), and GenX chemicals.

In preparation for expected changes at the federal level, last week the New York State Senate passed bill 2025-S3207A, which if signed by the Gov. Hochul will establish maximum contaminant levels and a hazard index in drinking water for certain PFAS.

The new law would essentially codify the EPA regulations outlined above, setting new MCLs no higher than 4 parts per trillion for PFOS and PFOA, and no higher than 10 ppt for PFNA, PFHxS, and HFPO-DA. It would also establish a hazard index to address cumulative exposure to PFAS and include, at a minimum, PFNA, PFHxS, HFPO-DA, and PFBS. The compliance deadline would be set for May 1, 2029, which would require all public water systems to adhere to these new standards.

The justification for the new law as written by the NY legislature is, in part, the following: “The Environmental Protection Agency has not set a new drinking water standard for a contaminant since 1996, leading to concern over current regulatory oversight of the nation’s water supply. New York State already had drinking water contamination standards in place for PFOA and PFOS set at 10 parts-per-trillion (PPT), however studies show that no level of exposure to these two chemicals is without risk.  This bill would propose lowering the standard from 10 PPT to 4 PPT which allows for the lowest levels possible for a feasible, effective implementation of the monitoring program…”

We will continue to monitor and report on the changing and developing laws related to PFAS.