As explained in a previous post, Delaware’s Division of Public Health (the “Division”) and Department of Natural Resources and Environmental Control (DNREC) have been tasked with establishing maximum contaminant levels (MCLs) for a pair of non-polymeric perfluoroalkyl and polyfluoroalkyl substances (PFAS). Pursuant to Delaware’s Drinking Water Protection Act directive, the Division recently issued a public notice in the Register of Regulations regarding the proposed MCLs for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS)—the proposed MCLs are twenty-one parts per trillion (ppt) for PFOA and fourteen ppt for PFOS. Consequently, there are a series of steps before the proposed rule becomes final.

Based on the Division’s August 1st publication, we anticipate the following timeline:

  • August 1, 2022: Proposed rule publication.
  • August 25, 2022: Public hearing.
  • September 9, 2022: Public comment deadline.
  • October – November 2022: Final rule publication.
  • April – May 2023: Effective date of final rule.

This anticipated timeline is similar to that announced in the Division’s implementation plan