PFAS State Regulation of Drinking Water, Groundwater, and Surface Water: A Look Back

Poster presented at AEHS West Conference, March 20–23, 2023, San Diego, California

In June 2022, the U.S. Environmental Protection Agency (EPA) released interim (PFOA and PFOS) and final health advisories (PFBS and GenX) for several per- and polyfluoroalkyl substances (PFAS) in drinking water (USEPA 2022). These health advisories provide technical information to state agencies on potential health effects associated with PFAS found in drinking water. They are non-enforceable and non-regulatory. For now, the regulation and enforcement of PFAS standards in drinking water, groundwater, and surface water is occurring at the state level, although EPA plans to propose draft maximum contaminant level goals and maximum contaminant levels (MCLs) in 2022.

We have tracked state enforcement and regulations throughout the U.S. for the past 3 years. During this time, various states have developed draft, proposed, or final health-based regulatory and/or guidance values for several PFAS in drinking water, groundwater, or surface water. Some states have enforceable standards, whereas other states have proposed guidelines or recommended levels. The threshold values for PFAS often differ from EPA past and current health advisories and from state to state given legislative constraints and scientific considerations. As of July 2022, no state regulates PFAS at the level of EPA’s recently released interim and final health advisories for PFOA, PFOS, or GenX. Michigan (maximum contaminant level) and California (notification level) have enforceable limits for PFBS that are less than the EPA final health advisory (2,000 ppt). Hawaii (health advisory), Minnesota (health-based guidance value), and Washington (state action level for public drinking water systems) have non-enforceable or proposed limits for PFBS that are at or less than the EPA final health advisory.

We will present a look back at the history of state PFAS regulation in drinking water, groundwater, and surface water along with possible implications of the new EPA health advisories and MCL process for PFOA and PFOS.