On March 14, 2023, the EPA proposed a National Primary Drinking Water Regulation (NPDWR) to establish legally enforceable levels, called Maximum Contaminant Levels (MCLs), for six PFAS in drinking water. PFOA and PFOS as individual contaminants, and PFHxS, PFNA, PFBS, and HFPO-DA (commonly referred to as GenX Chemicals) as a PFAS mixture. EPA is also proposing health-based, non-enforceable Maximum Contaminant Level Goals (MCLGs) for these six PFAS. The new enforceable levels for PFOA and PFOS are proposed to be 4.0 parts per trillion. The proposed regulation would require public water systems to:

• Monitor for these PFAS
• Notify the public of the levels of these PFAS
• Reduce the levels of these PFAS in drinking water if they exceed the proposed standards.

We have seen many carriers in the environmental insurance marketplace adding PFAS exclusions for certain classes of business including water and wastewater treatment facilities as well as municipalities, to name a few. We believe the advent of these exclusions has typically been a direct result of the regulatory uncertainty at both the Federal and State levels regarding monitoring requirements. The proposed Federal MCLs are a first step in providing some clarity related to these ubiquitous chemicals and may provide the marketplace a roadmap to potential coverage carve-backs in the future. Only time will tell! In the meantime, reach out to your RT ECP consultant to assist you in navigating this complex market.

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