Revisions to the UCMR 5 and Announcement of Public Meetings

Effective January 26, 2022, EPA finalized the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) to establish nationwide monitoring for 29 per- and polyfluoroalkyl substances (PFAS) and lithium in drinking water. This rule requires monitoring for public water systems (PWS) serving more than 10,000 people. Smaller PWSs (those serving less than 10,000 people) must monitor subject to availability of appropriations and laboratory capacity.

A PWS provides water for human consumption through pipes or other constructed conveyances to at least 15 service connections OR serves an average of at least 25 people for at least 60 days a year. There are over 148,000 public water systems in the United States. You may be subject to UCMR 5 monitoring if you fall into one of these types of public water systems:

• Community Water System: a PWS that supplies water to the same population year-round
• Non-Transient Non-Community Water System: a PWS that regularly supplies water to at least 25 of the same people at least six months per year (examples include schools, factories, office buildings, and hospitals which have their own water systems)
• Transient Non-Community Water System: a PWS that provides water in a place such as a gas station or campground where people do not remain for long periods of time.

Pre-sampling activity by EPA, State Agencies, and those PWSs required by this Rule will begin in 2022. PWSs will start to collect samples during a 12-month period from January 2023 through December 2025. Post-sampling activity by PWSs, laboratories, and EPA will begin in 2026. The data provided will help identify whether unregulated contaminants are present in drinking water. If contaminants are not found, consumer confidence in their drinking water should improve. If contaminants are found, related health effects may be avoided when subsequent actions, such as regulations, are implemented, reducing or eliminating those contaminants. While several states have drinking water limits for some PFAS, the EPA has yet to establish similar limits.

The 1996 amendments to the Safe Drinking Water Act (SDWA) require that once every five years, EPA issue a new list of no more than 30 unregulated contaminants to be monitored by public water systems (PWSs). The UCMR provides EPA and other interested parties with scientifically valid data on the occurrence of contaminants in drinking water. This national survey is one of the primary sources of information on occurrence and levels of exposure that the Agency uses to develop regulatory decisions for contaminants in the public drinking water supply.

PFAS are widely used, long-lasting chemical compounds which break down very slowly over time. They have been used in commerce for decades in a wide range of products including carpeting, paints, stain-resistant fabrics, cleaning, and personal care products. They are resistant to water, grease, oil, and heat. PFAS are found in water, air, fish, and soil at locations across the nation and the globe. When released from their primary source, which can be a factory, industry, or household, they are transported by rain and stormwater runoff to nearby surface water. PFAS can also seep into soil, which can lead to groundwater contamination.

Key to remember: With EPA’s commitment to establishing national drinking water regulations, and its narrowing focus on 29 PFAS chemicals (4,700 PFAS have been identified in the environment to date), it is likely that the Safe Drinking Water Act will add to the regulation in the future.