PFAS in Drinking Water: EPA Landmark Final Rule Establishing MCLs; Costly Requirements; Compliance Timeline

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Environmental
- event Date
Tuesday, August 6, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide practitioners through the U.S. EPA's ground-breaking final rule, effective June 25, 2024, establishing the first enforceable federal regulations governing PFAS levels in drinking water under the Safe Drinking Water Act. The panel will discuss covered PFAS chemicals and the regulations' costly requirements for covered entities. The panel will also address interaction with CERCLA and state law and offer best practices for compliance.
Faculty

Ms. Barnett defends clients in large-scale environmental disputes and helps protect them with advice on regulatory compliance and the environmental implications of business and real estate transactions. In addition to her more than 30 years of litigation and advisory experience, she is one of the country’s top Superfund lawyers and is valued for her experience with remediating contaminated sediment sites and helping clients with the allocation of remedial costs. Ms. Barnett represents clients in judicial and administrative enforcement actions and in large, multiparty cleanup cases, toxic tort class actions and contractual disputes over environmental liabilities and defends clients from citizens’ suits brought under federal and state environmental statutes. When clients require environmental assessments and audits, Ms. Barnett collaborates with consulting and engineering firms to help clients minimize penalty exposure by identifying compliance deficiencies and establishing or improving internal controls. She also helps clients assess environmental risks and associated economic impacts in transactions, and then structure those transactions to protect their interests, minimize their risk and advance their business goals.

Mr. Szabo partners with clients to navigate complex environmental and energy issues. He provides advice on climate change, traditional air pollution and chemicals, as well as general administrative and environmental issues. Mr. Szabo has more than a decade of experience in federal environmental and energy policy. His executive branch career spanned three presidential administrations, during which time he counseled decisionmakers on environmental, energy and natural resource statutes and regulations; analyzed regulatory policies to identify potential legal issues; researched and evaluated proposed legislation to respond to congressional reports and prepare testimony; and acted as liaison with other federal agencies and state, local and tribal representatives. Mr. Szabo was involved in the development of multiple significant EPA climate and air regulations, including the Clean Power Plan, and oil and natural gas methane regulations. He also worked on the Council on Environmental Quality’s National Environmental Policy Act’s updated regulations and federal sustainability policies.

Ms. Kellogg is a leader in evaluating and managing sites impacted by PFAS. She co-authored the first PFAS best practices guidance for the National Groundwater Association (NGWA) in 2018 and developed and facilitated the first NGWA "PFAS in Groundwater" workshop that same year. Ms. Kellogg frequently educates regulators and industry professionals on the unique challenges of managing, characterizing, and remediating PFAS and has advised congressional and state staff on PFAS policy. She is an advocate for Superfund reform and a scientifically based PFAS regulatory approach.
Description
The U.S. EPA recently issued its final rule, the National Primary Drinking Water Regulation, providing the first enforceable federal drinking water regulations for PFAS. The rule, effective June 25, 2024, establishes maximum contaminant levels (MCLs) for five individual PFAS in drinking water as well as a Hazard Index MCL for a mixture of two or more of four PFAS chemicals.
The final rule will have far-reaching effects on "public water systems" that include not only municipal drinking water plants but also localized facilities such as schools, hospitals, and office buildings that may have their own water processing systems. The rule's impact will also extend beyond directly regulated entities and become applicable at Superfund sites, likely resulting in an increased scope of cleanup, cleanup costs, and potentially responsible parties.
Compliance will require costly technological and capital improvements to meet the monitoring, sampling, and reporting requirements imposed by the final rule. Additionally, the final rule has mitigation and public notification requirements where drinking water violates one or more of the MCLs.
Although public water systems have three years (by 2027) to complete initial monitoring, given the expansive scope of the rule and its impact, counsel and their clients should understand the rule's ramifications and begin preparation now.
Listen as our expert panel takes an in-depth look at the EPA's final rule governing PFAS levels in drinking water and its impact on covered entities. The panel will also offer best practices for compliance.
Outline
- Introduction: history of the EPA's PFAS drinking water regulations
- EPA final rule
- Changes from the 2023 proposed rule
- Covered PFAS types
- Maximum contaminant levels and MCL goals
- Covered entities
- Required action
- PFAS monitoring/sampling
- Public notification
- PFAS reduction
- Compliance timeline
- Reporting requirements
- Rule's impact
- Public water systems
- Technology/capital improvements
- Costs
- Other water quality standards (e.g. groundwater)
- CERCLA and state remedial action plans
- Public water systems
- Enforcement
- State/local law interaction
- Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- How does the final rule differ from the proposed rule?
- Who are covered entities under the final rule?
- What monitoring, sampling, and reporting requirements does the rule impose, resulting in what potential costs to meet these requirements?
- How may the new rule impact Superfund sites?
- What is the compliance timeline for the new rule?
Related Courses

Introduction to Environmental Litigation: Key Litigation Strategies, Regulatory Frameworks, and Common Challenges
Monday, April 28, 2025
1:00 p.m. ET./10:00 a.m. PT

CERCLA Liability and Reopened Superfund Sites: PRP Impact, Settlement Consequences, Insurance Considerations
Thursday, April 10, 2025
1:00 p.m. ET./10:00 a.m. PT
Recommended Resources
Transforming CLE from a Requirement to a Career Advantage
- Learning & Development
- Career Advancement
- Talent Development
How to Build a Standout Personal Brand Without Sacrificing Billable Hours
- Career Advancement