Blog Post by : Karun Tyagi

PFAS regulations in the United States are becoming increasingly stringent, with several states implementing their own timelines for enforcement. The federal government, particularly through the Environmental Protection Agency (EPA), is also moving towards more comprehensive regulation of PFAS chemicals. Here’s a general overview of enforcement timelines and actions at both state and federal levels:

Federal Level (EPA)

1. EPA’s PFAS Strategic Roadmap (2021-2024)
   • 2022: The EPA proposed new drinking water standards for PFAS, targeting PFOS and PFOA specifically, with a final rule expected soon.
   • 2023-2024: The EPA plans to finalize drinking water regulations and issue guidelines for industrial discharges of PFAS. Additionally, the agency aims to designate certain PFAS as hazardous substances under CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act), enabling federal cleanup actions.

Impact and Future Outlook

The EPA’s PFAS Strategic Roadmap represents a coordinated effort across various sectors and regulatory frameworks to address the widespread presence of PFAS. The plan emphasizes the need for a science-based approach to both regulatory and remediation efforts. By focusing on research, restriction, and remediation, the EPA aims to significantly reduce PFAS exposure and mitigate the environmental and health impacts of these chemicals.

Challenges and Considerations

• Coordination with States: States have been leading the way in PFAS regulation, and the EPA’s roadmap emphasizes the need for federal-state cooperation to ensure consistent and effective action.
• Industry Impact: The roadmap’s restrictions and remediation plans will have significant implications for industries that use PFAS, particularly in manufacturing and wastewater treatment.
• Public Awareness and Education: The EPA also recognizes the importance of public awareness and is working to improve communication with communities affected by PFAS contamination.

State-Level Regulations

Several U.S. states have taken their own actions, creating a patchwork of regulations that vary widely in terms of scope and timeline. Here are key examples:

1. California
   • 2023: California passed AB 1817, banning PFAS in textiles by 2025. Additionally, the state already enforces strict limits on PFAS in drinking water and requires manufacturers to report the presence of PFAS in products.
   • 2024: California’s ban on PFAS in food packaging is expected to take effect, with broader regulations anticipated to follow.
2. Maine
   • 2021-2022: Maine set strict drinking water standards for PFAS and began requiring manufacturers to report any use of PFAS in products by 2023.
   • 2030: Maine plans to completely phase out all non-essential uses of PFAS.
3. New York
   • 2022-2023: New York established limits for PFOA and PFOS in drinking water and banned PFAS in food packaging as of December 31, 2022.
   • 2024: Enforcement of broader bans on PFAS in certain consumer products is expected to increase.
4. Washington
   • 2022: Washington state has been a leader in banning PFAS in food packaging and firefighting foam. The state’s restrictions on PFAS in consumer products like carpets, rugs, and aftermarket stain- and water-resistant treatments came into effect in 2022.
   • 2023-2025: Washington continues to phase in restrictions, with broader enforcement on PFAS-containing products expected by 2025.
5. Massachusetts
   • 2023: The state enforced its PFAS drinking water regulations, which set Maximum Contaminant Levels (MCLs) for six PFAS chemicals combined.
   • Ongoing: Massachusetts is actively identifying and regulating additional sources of PFAS contamination.
6. Michigan
   • 2021-2023: Michigan established drinking water standards for seven PFAS chemicals and is actively monitoring and remediating contaminated sites across the state.

Summary of Enforcement Timelines

• 2022-2023: Several states began enforcing drinking water standards and bans on PFAS in food packaging and firefighting foam.
• 2024: California and other states will start enforcing broader bans on PFAS in various consumer products.
• 2025 and Beyond: A number of states, including California and Washington, are phasing in comprehensive PFAS bans by 2025, with some states like Maine targeting a complete phase-out by 2030.

Sources:
U.S. Environmental Protection Agency (EPA) – PFAS Strategic Roadmap
California Department of Toxic Substances Control
Maine Department of Environmental Protection
New York State Department of Environmental Conservation
Washington State Department of Ecology
Massachusetts Department of Environmental Protection
Michigan Department of Environment, Great Lakes, and Energy