PFAS treatment and litigation strategies for water systems
The Biden Administration took a firm approach when it came to regulating per- and polyfluoroalkyl substances (PFAS). The administration set Maximum Contaminant Levels (MCLs) for certain PFAS chemicals in drinking water, designated PFOA and PFOS as hazardous substances under the Comprehensive Environment Response, Compensation and Liability Act (CERCLA), and proposed listing PFAS as hazardous constituents under the Resource Conservation and Recovery Act (RCRA). The U.S. Environmental Protection Agency (EPA) announced plans to rescind and reconsider some of the MCLs, but the two strictest, PFOA and PFOS, are expected to remain. The compliance deadline for drinking water systems to meet these MCLs has been extended by two years, from 2029 to 2031. This extension is still an announcement and not a final rule. … Potential funding sources for PFAS treatment include federal grants, settlements from class actions against PFAS manufacturers, and separate litigation under CERCLA against polluters.