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municipalauthorities.org │ 45 d id y ou K now w Ater s uppliers C An r equest to e xtend the pfAs mCl C ompliAnCe d eAdline ? Q&A: Key Highlights on the Proposed PFAS Drinking Water Notices Recently Published in the Federal Register. Q Why did EPA publish two notices? A Each Federal Register notice is a separate notice and EPA has requested comments on each proposed action. First, there is the proposal for rescission of several MCLs including determinations and regulations for PFHxS, PFNA, HFPO-DA and Hazard Index mixtures of these three PFAS plus PFBS. [ May 20, 2026 Federal Register notice www.federalregister.gov/ documents/2026/05/20/2026-10085/ rescission-of-regulatory- determinations-and-removal-of- related-provisions-for-four-pfas- substances ] The EPA's proposal is necessary to correct the unlawful procedure under which regulations for these PFAS were promulgated. The EPA's proposal is solely based on a need to correct this unlawful process. Q Will the EPA regulate the same PFAS that it is rescinding in the future? A The agency will take steps to follow through on its commitment to evaluate additional PFAS in drinking water for future regulations. While the EPA cannot pre-determine the outcome, it is possible that the result could be more stringent requirements. In the second May 20, 2026, notice EPA is proposing to offer an exemption to the April 26, 2029 MCL compliance date until April 26, 2031 for public water systems that request an exemption and meet the established criteria. [ www.federalregister.gov/ documents/2026/05/20/2026-10086/ extending-the-compliance-deadline- for-the-pfoa-and-pfos-maximum- contaminant-levels ] Water suppliers need to be aware that requests should not be made until there is a final notice, where EPA will address any comments received. It is most important that complete information be provided in order for EPA to consider each request. Q If water suppliers need to wait to make these requests, are there any actions that can be taken in the interim? A YES. Now is the time to prepare for any request by gathering information and determining if PFAS levels are such that control measures are required. Please see the May 20, 2026 proposed Federal Register notice for the details and be sure to check the final regulations for any changes. Procedures are to be developed with all of the details on how to submit these requests. Q Will water suppliers be informed when extensions are granted? A Yes, EPA will be informing water suppliers as well as state primacy agencies. Water suppliers are encouraged to continue to work toward compliance with the Commonwealth’s MCLs, and ultimately with the Federal MCLs. Q Are there other requirements when Exemptions are issued? A Yes, public notification must be provided and the exemption must be mentioned in Consumer Confidence Reports. S These are the details needed for an Exemption Request to EPA. Please wait to submit until final details are available for how and where to submit these requests. Per the proposal, water suppliers will have 180 days to make a request. Per 40 CFR §142.58(b) Exemption request. To be covered by a PFAS exemption by rule, a supplier of water must request the exemption for an eligible public water system according to paragraph (a) of this section by submitting a request in writing to a Regional Administrator within 180 days of final rule promulgation. Any written request for a PFAS exemption shall include the following information: (1) System identifying information, including name, PWSID, contact information, and, if defined as a wholesale system according to 40 CFR 141.2, a list of all consecutive system(s) through which water is distributed, or if defined as a consecutive system according to 40 CFR 141.2, a list of the wholesale system(s) providing finished water. (2) The initial date of system operations. (3) A statement certified by the owner or operator that the system cannot comply with the PFOA and PFOS MCLs by April 26, 2029, due to economic or other compelling factors, that an alternative water source is not available to meet the PFOA and PFOS MCLs, and the system cannot reasonably make management changes or restructure to meet the requirements of the rule.