Friday, December 17, 2021
The Illinois Environmental Protection Agency filed proposed amendments to the Illinois Groundwater Quality Standards on December 7, 2021. The proposal includes Class I and Class II groundwater quality standards for six per- and polyfuoroalkyl substances (PFAS), including perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), perfluorononanoic acid (PFNA), perfluorohexanesulfonic acid (PFHxS), perfluorobutanesulfonic acid (PFBS), and hexafluoropropylene oxide dimer acid (HFPO-DA). Several states are following Illinois’ lead and regulating PFAS components while federal regulation is pending. PFAS is ubiquitous and can be found in many consumer products, industrial processes and fire-fighting foams.
We have previously provided an update on the draft IEPA proposal for this rule. IEPA filed the current proposal with the Board. It differs from the original proposal in many important ways. It adds a standard to the chemical HFPO DA, sometimes referred too as GenX, that was not included in the draft proposal. The proposed standards for the remaining PFAS components, which are set using a revised risk-based health formula, are more stringent that those in the IEPAs draft proposal. Finally, the filed proposal does NOT include a combined standard to PFOA/PFOS, unlike the draft. The following PFAS standards were submitted to the Board:
The official rulemaking process is initiated by the IEPA filing this proposed rule with Board. Participants will have the chance to comment and participate before the Board promulgates a final rule.
2021 Schiff Hardin LLPNational Law Review Volume XI, Number 351.