Key Takeaways
EPA’s proposed water quality criteria recommendations for three PFAS – PFOA, PFOS, and PFBS – in surface water has the potential to further influence states and localities in their ongoing considerations to address PFAS in the environment. As written, EPA’s draft thresholds for PFOA and PFOS are below the limits of detection.
In December 2024, EPA announced its plans to recommend water quality criteria for three per- and polyfluoroalkyl substances (“PFAS”) in surface water. The new criteria will serve as national recommendations to states as they establish or modify their own water quality standards.
EPA states that these water quality recommendations for lakes, rivers, and other inland water bodies are intended to protect public health for the general population. The recommended human health criteria for three PFAS compounds, perfluorooctanoic acid (“PFOA”), perfluorooctane sulfonic acid (“PFOS”), and perfluorobutane sulfonic acid (“PFBS”) are calculated using a toxicity factor for each compound, exposure factors like body weight and fish consumption, relative source contribution, and other factors. EPA derives different human health criteria under two scenarios: one scenario assumes exposure to PFAS from the consumption of water and freshwater fish, and the other assumes exposure only from the consumption of fish.
The draft human health criteria for water and fish consumption are 0.0009 parts per trillion (“ppt”) for PFOA, 0.06 ppt for PFOS, and 400 ppt for PFBS. Less stringent standards apply for fish alone. EPA acknowledges that the draft human health criteria for PFOA and PFOS in surface water are well below the current limits of detection in water.
EPA’s recommendations are the latest to focus on PFAS. EPA’s prior regulatory efforts have included the recent proposed designation of additional PFAS as CERCLA hazardous substances, which may be found to be impermissible encroachments on separation of powers. Other federal regulators have also signaled an increased interest in PFAS. For instance, FDA has made public a request for information pertaining to PFAS concentrations in seafood and mitigation strategies. State agencies, including those in Maine, California, and Minnesota, have also issued PFAS regulations, some of which have been challenged. For example, a lawsuit filed in January 2025 in federal court in Minnesota seeks a preliminary injunction on the state’s ban on the sale of cookware containing intentionally added PFAS. See Compl., ECF 1, Cookware Sustainability Alliance v. Kessler, No. 0:25-cv-00041 (D. Minn. Jan. 6, 2025).
EPA’s draft standards for these PFAS in surface water are open for public comment until February 24, 2025. Written comments can be submitted electronically to EPA’s docket number, EPA-HQ-OW-2024-0454, at https://www.regulations.gov/. Following close of the public comment period, and after further review, EPA is expected to finalize the criteria.
Learn more about PFAS developments on Dechert’s PFAS website.
