We previously reported an expected timeline for promulgation of Delaware’s maximum contaminant levels (MCLs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) that was generally in line with the State’s PFOA and PFOS MCL Implementation Plan. However, based on input from officials during a public meeting held on August 25, 2022, that timeline will likely change.

By way of background, Delaware’s Division of Public Health (the “Division”) and Department of Natural Resources and Environmental Control (DNREC) were tasked with establishing MCLs for PFOA and PFOS pursuant to House Bill 8 (i.e., the Drinking Water Protection Act). Accordingly, the Division issued a public notice in the Register of Regulations regarding the proposed MCLs. And as part of the regulatory approval process for final MCLs, the public hearing took place on August 25, 2022. As discussed during the public hearing, the Division will likely substantively revise (and republish) the proposed MCLs in light of the Environmental Protection Agency’s (EPA) recently announced  interim lifetime drinking water health advisory levels (HALs) for PFOA and PFOS.

Therefore, the Division’s originally anticipated timeline will probably be pushed further into 2023. Consequently, we anticipate the following timeline:

New Anticipated Timeframe
August 1, 2022: Proposed rule publication. (Done)
August 25, 2022: Public hearing. (Done)
September 9, 2022: Public comment deadline. (Done)
October 1, 2022, or November 1, 2022*: Revised rule republished as proposed.
October – November 2022: Public hearing.
November – December 2022: Public comment deadline.
January – February 2023: Final rule publication.
Summer 2023: Effective date of final rule.

 *The Register of Regulations is published on the first day of each month throughout the year.