As previously covered, a number of states are actively engaged in reviewing and passing significant PFAS regulations and/or executive orders. Below is a roundup of some of the most significant developments in this area.

Michigan Governor Issues Executive Directive to Limit the State Government's Purchase of Products Containing PFAS

On October 27, 2021, Michigan Governor Gretchen Whitmer’s office issued an Executive Directive that mandates that the state’s Department of Technology, Management and Budget take “appropriate action” to ensure that any proposal from suppliers “disclose whether a product…contains intentionally added PFAS.” While some reporting on this directive has incorrectly described it as a total ban on the purchase of products with intentionally added PFAS, that is an overstatement of what the Directive currently entails. Instead, the order instructs the Department to give preference to suppliers of products that do not contain PFAS and to encourage those who manufacture such products to submit detailed information concerning their products and possible alternatives to the state.

Minnesota Officials More Than Double Bodies of Water Designated Contaminated with PFOS to its Impaired Waters List

The Minnesota Pollution Control Agency more than doubled the total number of bodies of water designated as “impaired for PFOS” on its draft impaired waters list for 2022, increasing the total from 11 to 26. Industrial facilities and firefighting foams were identified as potential sources for the presence of PFOS in the newly designated bodies of water. The Minnesota agency also recommended further action in the future to reduce existing PFOS in those waters and to prevent the accumulation of PFOS in fish consumed by the public.

Increased attention regarding the presence of PFAS in bodies of water will likely lead to the expansion of such designations in other states.

Washington State Department of Ecology and Board of Health Initiatives Expand the State’s Ability to Regulate PFAS

Washington State’s Department of Ecology recently concluded that PFAS compounds are “hazardous substances” regulated under the state’s Model Toxics Control Act, which funds and directs the investigation and cleanup of contaminated sites. This designation allows the state to take a direct role in identifying PFAS-contaminated sites, requiring remediation, and imposing penalties. The Department of Ecology’s determination follows shortly after the state’s Board of Health held a public hearing on its proposed rulemaking to impose PFAS drinking water standards as well as establish other monitoring and reporting requirements in the near term—prior to any similar federal action arising out of EPA’s roadmap. The two state agencies also plan to work in unison on a more comprehensive PFAS Chemical Action Plan that will review all potential PFAS uses and exposures to potentially initiate additional state regulations covering PFAS.