State-by-State Regulation of Per- and Polyfluoroalkyl Substances (PFAS) in Drinking Water

Bryan Cave Leighton Paisner
Contact

Although the Federal Environmental Protection Agency issued its PFAS Action Plan on February 14, 2019 (see our March 27, 2019, client alert), many states have expressed frustration with EPA’s proposed plan and have started the process of regulated PFAS in drinking water themselves.  As a result, states have adopted a patchwork of regulations and standards that present significant challenges to impacted industries. This client alert focuses on the different state regulations regarding the guidance, notification, and cleanup levels for PFAS – typically PFOA and PFOS – in drinking water.

This snapshot of state drinking water regulations below is being provided, in part, to assist businesses in evaluating their PFAS risk and strategy in two contexts: (a) acquisition due diligence, and (b) to determine whether existing facilities with legacy contamination might benefit from proactive remediation in limiting any potential liability.1

Concentration Level

Participating States

Type of Regulation:  Drinking Water Standards

Adoption Status

10 ppt

New York

PFOA and PFOS (Proposed MCLs – various penalties, possible Clean Up)

Pre-Regulatory Recommendation:  Proposed by the New York Drinking Water Quality Council

11 ppt

New Hampshire

PFNA (Proposed MCL – various penalties, possible Clean Up)

Pending (New Hampshire Dep’t of Env. Services “NHDES” Final Rulemaking Proposal). 

12 ppt

New Hampshire

PFOA (Proposed MCL – various penalties, possible Clean Up)

Pending (NHDES Final Rulemaking Proposal).  Probably will change the 70 ppt current standard.

13 ppt

California

PFOS (Notification)

Approved (Regulation)

New Jersey

PFNA and PFOS (Notification)

Approved for PFNA (Regulation); Pending for PFOS (2019 NJ Reg 520031)

14 ppt

California

PFOA (Notification)

Approved (Regulation)

New Jersey

PFOA (Notification)

Pending (2019 NJ Reg 520031)

15 ppt

Minnesota

PFOS (Guidance)

Approved (Health Advisory)

15 ppt

New Hampshire

PFOS (Proposed MCL – various penalties, possible Clean Up)

Pending (NHDES Final Rulemaking Proposal).  Probably will change the 70 ppt current standard.

18 ppt

New Hampshire

PFHxS (Proposed MCL – various penalties, possible Clean Up)

Pending (NHDES Final Rulemaking Proposal)

20 ppt

Vermont

5 PFAS substances combined:  PFHpA, PFHxS, PFNA, PFOS and PFOA (Notification)

Approved (Groundwater Quality Enforcement Standard)

20 ppt

Rhode Island

5 PFAS substances combined:  PFHpA, PFHxS, PFNA, PFOS and PFOA (Monitoring)

Pending (2019 RI HB 6064)

35 ppt

Minnesota

PFOA (Guidance)

Approved (Health Advisory)

47 ppt

Minnesota

PFHxs (Guidance)

Approved (Health Advisory) 

70 ppt

Massachusetts

5 PFAS substances combined:  PFHpA, PFHxS, PFNA, PFOS, and PFOA (Clean Up)

Approved (Regulation and Guideline)

New Hampshire

2 PFAS substances combined:  PFOA and PFOS (Clean Up)

Approved (Ambient Groundwater Quality Standard and Regulation)

Connecticut

5 PFAS substances combined:  PFHpA, PFHxS, PFNA, PFOS, and PFOA (Notification)

Approved (Health Advisory)

Alaska, California, Colorado, Delaware, Maine, Michigan, and New Mexico

Follow the EPA Standard: PFOS and PFOA combined (Notification)

Approved (Various Regulations, or a Maximum Exposure Guideline, etc.)

140 ng/L (140,000 ppt)

North Carolina

GenX (Guidance)

Approved (Health Advisory)

No Regulation

Alabama, Arizona, Arkansas, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming

Key

Notification - A representative has to inform the appropriate state official that the drinking water in that source (public well, supply tank, etc.) is above the limit.

Guidance - A department in that state provided limitations for PFAS regulations, but no notification is required.

Clean Up - The state requires that the source be remediated or decontaminated when a particular PFAS amount is surpassed. 

 

This client alert reflects the status of state PFAS regulations only as of July 1, 2019. 

1. To put the State regulations summary below in context, note that EPA issued a Health Advisory (“HA”) concentration of 70 ppt for PFOA and PFOS in 2016.  The EPA HA level is a combined concentration for total PFOA and PFOS in drinking water.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Bryan Cave Leighton Paisner | Attorney Advertising

Written by:

Bryan Cave Leighton Paisner
Contact
more
less

Bryan Cave Leighton Paisner on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.