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States’ Growing Efforts to Eliminate PFAS

November 11, 2024 | Beth Giambrone

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The widespread exposure to per- and polyfluoroalkyl substances (PFAS) has been a major concern nationwide for some time. Because PFAS appear in a wide range of products such as cosmetics, nonstick cookware and food packaging, they can migrate to soil, water, and air during their production and use and remain there without breaking down, giving them the nickname “forever chemicals.” A 2023 United States Geological Survey study estimates that at least one PFAS chemical can be found in 45% of the tap water in the United States. Exposure to PFAS can cause harmful health effects such as decreased antibody responses to vaccines and increased risk of hypertension or pre-eclampsia among pregnant people. One study estimates the United States’ disease burden due to PFAS exposure to be at least $5 billion for five primary diseases associated with PFAS exposure: kidney cancer, testicular cancer, low birth weight, childhood obesity, and—in women—hypothyroidism.

Recently, the federal government has increased efforts to address PFAS by regulating allowable levels in drinking water. As they begin to gather information for other possible regulations, states have taken the lead in policies to reduce the presence of PFAS in a myriad of consumer products used on a daily basis.

Drinking Water Regulations

Under the Safe Drinking Water Act, EPA is authorized to set health-based standards for the U.S. public drinking water supply; they use this authority to set legally enforceable standards, commonly called National Primary Drinking Water Regulations (NPDWR). Since the first Maximum Contaminant Levels (MCLs) were established in 1975, EPA has issued NPDWR standards for over 100 contaminants including lead, arsenic, and mercury.

In April 2024, EPA finalized an NPDWR for PFAS found in drinking water, which established six MCLs: (1) five for individual PFAS–PFOA and PFOS at four parts per trillion (ppt), (2) PFNA, PFHxS, and GenX Chemicals at 10 ppt, and (3) one for a mixture of two or more PFAS, specifically PFHxS, PFNA, GenX Chemicals, and PFBS, using EPA’s Hazard Index approach. As part of the new standards, public water systems must complete initial monitoring for PFAS by 2027—followed by ongoing compliance monitoring—and inform the public about PFAS levels in their drinking water. Starting in 2029, jurisdictions with public water systems that exceed one or more of the MCLs must reduce PFAS levels and notify the public of the violation.

EPA delegates responsibility for enforcing regulations to states that meet a certain set of requirements. Under the new PFAS standard, states have two years to establish regulations that are at least as stringent as current EPA standards and can be more stringent than the federal standard. Before its adoption, eleven states had proposed or final rules that regulated various PFAS in drinking water. However, most of these regulations are not as stringent as the new EPA standard

Additionally, states and territories may need to fund implementing and enforcing the new PFAS standard, as well as a mitigation infrastructure. The 2021 Infrastructure Investment and Jobs Act made funding available for states, territories, and communities to address PFAS and other contaminants in drinking water through:

A few states are considering using proceeds of civil litigation against manufacturers found liable for impacts to drinking water systems as a funding source. As part of comprehensive enacted legislation on PFAS, New Hampshire HB 1649 directs any monies received from civil lawsuits (including reimbursement for legal fees) into a drinking water and groundwater trust fund, which distributes loans and grants to public water systems affected by PFAS contamination.

Minnesota’s natural resources appropriations bill (HF 3911) included a directive for the directors of the Pollution Control Agency and Department of Health to submit recommended strategies to require companies that manufacture,​ use, or release PFAS to pay for remediation to residents whose private and public drinking water sources were contaminated.

PFAS in Consumer Products

In finalizing the PFAS MCL standards, the federal government looks poised to consider additional avenues to mitigate PFAS contamination such as addressing PFAS in consumer products. In March 2023, the Office of Science and Technology Policy detailed four strategic areas that need more study to yield actionable ways to address PFAS. A follow up strategic plan released by the National Science and Technology Council in August 2024 included approaches to better understand the use of PFAS in both consumer products and the supply chain.

Additionally, the Consumer Product Safety Commission published a request for information in September 2023 regarding PFAS currently or potentially used in consumer products, the potential exposures associated with their use, and the potential human health effects associated with exposure, indicating there may be future interest at the federal level for regulation.

Meanwhile, a number of states have enacted legislation prohibiting the inclusion or use of PFAS in consumer products ranging from cosmetics to textiles, including in products that have “intentionally added PFAS” (generally meaning PFAS chemicals added to products that provide a specific function, such as in nonstick cookware). During the 2024 legislative sessions, at least seven states enacted bills that prohibited the manufacture, sale, or distribution of various products containing PFAS.

  • California (A 2515) prohibits manufacturing, selling, or distributing menstrual products containing PFAS after January 1, 2029.
  • Colorado (SB 24-005) prohibits local entities from installing artificial turf (which can contain PFAS) as part of landscape development or redevelopment projects after January 1, 2026.
  • Connecticut (SB 292) prohibits manufacturing, selling, and distributing PFAS-containing apparel, carpets or rugs, cleaning products, cookware, cosmetics, dental floss, fabric treatments, children’s products, menstrual products, textile furnishings, ski wax, or upholstered furniture after July 1, 2026 unless the manufacturer has notified the state and labeled the product as containing PFAS. In addition, the bill prohibits selling the above products entirely if they contain intentionally added PFAS after July 1, 2028.
  • Maine (LD 1537) prohibits selling or distributing cleaning products, cookware, dental floss, menstrual products, ski wax, upholstered furniture containing PFAS after January 1, 2026. The bill also prohibits selling or distributing artificial turf and outdoor apparel for severe wet conditions after January 1, 2029 (excluding previously owned products).
  • Maryland (HB 1147) prohibits installing or selling playground-surfacing materials that contain intentionally added PFAS after October 1, 2024.
  • New Hampshire (HB 1649) prohibits selling or distributing carpets, cosmetics, textile treatments and furnishings, menstrual products, food packaging and juvenile products containing PFAS after January 1, 2027.
  • Rhode Island (HB 7356/SB 2152) prohibits selling or distributing PFAS-containing carpets, cookware, cosmetics, fabric treatments, juvenile products, menstrual products, ski wax, and textile articles after January 1, 2027. It also prohibits selling or distributing artificial turf and outdoor apparel for severe wet conditions after January 1, 2029. However, HB 7619/SB 2850 delays the previously enacted ban on food packaging containing PFAS until January 1, 2025.
  • Vermont (S 25) prohibits manufacturing, selling, or distributing various consumer products containing intentionally added PFAS, including cosmetics, menstrual products, carpets, and ski wax, after July 1, 2026.

ASTHO will provide updates as states begin to implement the MCL rule and continue efforts to eliminate PFAS from the environment.