A Historic Regulatory Milestone

On April 10, 2024, the Biden Administration announced what the EPA described as the "first-ever national drinking water standard" for PFAS — per- and polyfluoroalkyl substances, commonly called "forever chemicals." The rule establishes maximum contaminant levels (MCLs) for six PFAS compounds, including PFOA and PFOS, in public drinking water systems.

The announcement was accompanied by $1 billion in funding from the Bipartisan Infrastructure Law to help water utilities test for and remove PFAS from drinking water — part of a broader $9 billion commitment to address PFAS contamination nationwide.

What the New Standard Actually Requires

The EPA's final rule sets the MCL for PFOA and PFOS individually at 4 parts per trillion (ppt) — the lowest level that can be reliably measured. For context, prior advisory levels were set at 70 ppt, and many scientists argued that even that threshold was too permissive given the chemicals' toxicity profile.

The rule also regulates four other PFAS compounds (PFNA, PFHxS, HFPO-DA, and PFBS) in combination under a hazard index approach. Public water systems will have five years to comply, meaning full implementation is expected by 2029.

Why This Matters for Legal Claims

The new standard has significant implications for ongoing and future PFAS litigation:

  • Stronger causation evidence: Federal acknowledgment of specific contamination thresholds bolsters plaintiffs' ability to establish exposure and link it to diagnosed health conditions.
  • New actionable communities: As more water systems test and publish results under the new rule, additional affected populations will be identified — potentially expanding the pool of qualifying claimants.
  • Manufacturer accountability: The regulatory record supporting this standard strengthens the argument that companies knew of PFAS dangers long before regulators acted.
  • MDL filings continue to grow: The South Carolina MDL overseeing PFAS claims already consolidates more than 7,000 cases. New filings continue to increase in the wake of regulatory developments like this one.

Qualifying Health Conditions

Current PFAS litigation focuses primarily on individuals who consumed contaminated drinking water for at least six consecutive months and were subsequently diagnosed with:

  • Kidney cancer
  • Testicular cancer
  • Ulcerative colitis
  • Liver cancer

Research into additional associated conditions is ongoing, and the qualifying diagnosis list may expand as the science develops.

Important Deadline Notice: State statutes of limitations for PFAS claims vary significantly and may begin running from the date of diagnosis — not the date you learn of the contamination link. Do not delay in consulting an attorney.

The Bottom Line for Affected Communities

The EPA's new PFAS drinking water standard is a landmark public health action — but regulatory action alone does not compensate individuals who have already suffered serious health consequences from decades of contamination. Litigation remains the primary avenue for affected individuals and communities to secure meaningful compensation from the manufacturers who produced and profited from these chemicals.

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