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Draft Rules for PFAS Include Revised MCLs and New Sampling Requirements

Posted on September 23, 2019 by Herasanna Richards
EGLE has provided stakeholders with the initial draft for Maximum Contaminant Levels (MCL) regulations for PFAS contaminates based on input received this summer. These draft regulations advise on the best technologies available to mitigate PFAS along with added public notice requirements, new PFAS MCLs, sampling requirements and compliance requirements for testing laboratories. The new recommended MCLs for PFAS in the state of Michigan are as followed:
  • PFNA – 6 ppt
  • PFOA – 8 ppt
  • PFOS – 16ppt
  • PFHxA – 400,000
  • PFHxS – 51ppt
  • PFBS – 420 ppt

The draft rules also modify sampling and reporting procedures. Once the rule is adopted, public water supplies will begin initial sampling.

Community water supplies with one or more sample results greater than 50% of the MCLs will be required to begin sampling within the first quarter of the rule going into effect.  Communities water supplies that have results as “non-detection” of levels 50% or less of the MCLs will be sampled within 6 months of the rule going into effect.

If a water supply’s results are consistently and reliably below the MCL, the supply may monitor annually, rather than quarterly. Supplies that exceed the MCL will be required to monitor quarterly. If any sample result causes the running annual average of the supply to exceed the MCL the supply is out of compliance. The supply will only be in violation after it has completed one year of quarterly testing.

The revised rules also require that testing laborites must be compliant with EPA method 537.1 for sampling. EGLE anticipates there will be an increased number of laboratories with the capacity to test PFAS contaminates, including their own laboratory, that will be up and running next month. The department expects to be able to provide testing for approximately 3,000 samples per year.

EGLE plans to deliver the new draft rules to the Governor by Oct 1. The draft rules will then be reviewed by the ERRC committee who will administer the public comment period this fall. It is anticipated that the rulemaking process will be completed by April 2020. The ERRC Committee will meet on Oct. 3 to begin reviewing the draft rule.

If you have questions, comments or would like to review a copy of the draft rules, please contact Herasanna Richards at hrichards@mml.org or 517-908-0309.

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