January 22, 2021
Authored by: John Kindschuh and Tom Lee
Many states have expressed frustration with the lack of an enforceable federal per- and polyfluoroalkyl substances (“PFAS”) drinking water standard, and have started the process of regulating 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 maximum contaminant levels (“MCLs”), as well as guidance and notification levels for PFAS – typically perfluorooctane sufonic acid (“PFOS”) and perflurooctanic acid (”PFOA”) – in drinking water that have been enacted or proposed by various states.
1. State Regulations
The following chart is current as of January 19, 2021. Some states, including Rhode Island and Washington, have proposed Drinking Water regulations for PFAS, reinforcing the fact that this is an area of regulation that is developing quickly. In addition, President Biden’s Environmental Justice Plan includes a commitment to set “enforceable limits for PFAS in the Safe