Legislation and regulations
The science on PFAS and its impacts to the environment and public health have prompted legislative and regulatory action. OCWD, cities and retail water agencies in Orange County take seriously the duty to provide reliable high-quality drinking water to residents throughout Orange County and will continue to meet all state and federal drinking water standards and regulations.
Click on the sections below for additional legislative and regulatory information.
PFAS-related legislation or rulemaking should recognize the unique position of water and wastewater agencies, who are not responsible for the PFAS that can be found in the water and wastewater they manage and treat.
OCWD seeks the following:
- Secure an explicit exemption for water and wastewater agencies from liability. A water utility that complies with all applicable and appropriate management and treatment standards for PFAS should not face liability for current and future costs associated with PFAS cleanups and remediation.
- Provide funding for PFAS remediation. The estimated cost of addressing PFAS in Orange County over the next 30 years is approximately $1.8 billion. OCWD seeks funding for PFAS remediation through federal and state grants and loans, as well as through legal action against the manufacturers of PFAS.
OCWD continues to monitor PFAS legislation at the federal and state level, and encourages water agencies and stakeholders to take action by contacting their legislators and sharing their concerns.
In May 2026, the United States Environmental Protection Agency (EPA) announced proposed changes to its PFAS regulatory approach. The changes were consistent with the policy direction discussed by the EPA in 2025 and do not represent a significant change for Orange County water agencies already planning and implementing PFAS treatment projects.
The EPA proposed rescinding federal drinking water regulations for four PFAS compounds: PFHxS, PFNA, PFBS, and GenX chemicals. The agency will reevaluate those compounds following a public comment period ending July 20, 2026. The EPA will continue to regulate PFOA and PFOS, with MCLs remaining at 4 parts per trillion. The agency also proposed a two-year extension for eligible water systems, allowing until 2031 for compliance under forthcoming federal criteria.
| Chemical | Proposed MCL (enforceable levels) |
| PFOA | 4 ppt (also expressed as ng/L) |
| PFOS | 4 ppt |
* Note: 1 ppt is roughly equivalent to one drop of water in 20 Olympic-sized pools.
OCWD and its PFAS-impacted retailers comply with state advisory levels for PFOA, PFOS, PFBS, and PFHxS established by the State Water Resources Control Board’s Division of Drinking Water (DDW).
Current state advisory levels are:
| Chemical | Notification Levels (NL) | Response Level (RL) |
| PFOA | 4 ppt | 10 ppt |
| PFOS | 4 ppt | 40 ppt |
| PFBS | 500 ppt | 5,000 ppt |
| PFHxS | 3 ppt | 10 ppt |
| PFHxA | 1 ppt | 10 ppt |
*Note: GenX has not been detected in the Basin; PFBS has been detected, but at levels far below all current state advisories and the new federal HA.
Notification Levels (NL)
The NL is the level at which water agencies are required to notify local elected officials and governing bodies of the presence of contaminants in local water supplies. NLs are precautionary health-based advisory levels established by DDW while further research and analysis are conducted by the state to determine the necessity of setting an enforceable drinking water maximum contaminant level (MCL).
Response Levels (RL)
The RL is the level at which the state recommends the water not be served to the public without treatment or blending to reduce contaminants.
The state has issued draft Public Health Goals (PHGs) for PFOA and PFOS. Once the PHGs are finalized, DDW will use them as the basis for developing statewide enforceable drinking water regulations, a process which should take approximately two years.