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 | ||
KeyNotification – 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. |
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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.
*Original article online at https://www.bclplaw.com/en-US/thought-leadership/client-alert-state-by-state-regulation-of-per-and.html
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