Summary

California is one of several states that has started regulating per- and polyfluoroalkyl substances (“PFAS”) in drinking water, consumer products, personal protective equipment (“PPE”), and firefighting foam. 

In addition to the enacted regulations described below, a public comment period is currently underway regarding proposed Public Health Goals (“PHGs”) for PFOA and PFOS in drinking water.  California’s Office of Environmental Health Hazard Assessment (“OEHHA”) has proposed PHGs of 0.007 ppt for PFOA and 1 ppt for PFOS, both of which will be considered by the State Water Board when setting Maximum Contaminant Levels for these compounds.  Businesses that discharge PFAS compounds in wastewater or into groundwater that may enter drinking water sources should be aware of the proposed PHGs, and evaluate whether a public comment is warranted.

This client alert reflects the status of PFAS regulations in California as of August 26, 2021.

Drinking Water:

California Health and Safety Code 116378 authorizes the State Water Board to require public water supply systems to monitor for PFAS, as described in more detail in the Water Board Fact Sheet.  The Water Board issued specific notification levels for PFBS, PFOA, and PFOS.

Proposition 65: 

OEHHA added PFOA and PFOS to the list of chemicals which require a warning if they are present in products sold to California customers.  Failure to provide a warning, or demonstrate that one is not required for a product, can result in private enforcement actions.

Cosmetics: 

Health and Safety Code 108980 prohibits the manufacture or sale of cosmetics which contain certain PFAS compounds including PFOA, PFOS, and PFNA.

Rugs and Carpets: 

Regulation and Important Information

Firefighting Foam and PPE: 

Senate Bill No. 1044