With no enforceable federal drinking water standard for per- and polyfluoroalkyl substances (PFAS) currently in place in the U.S., an increasing number of states have undertaken measures to regulate PFAS compounds in drinking water. The subsequent matrix of varying regulations and standards across states is posing significant operational and compliance challenges to the impacted industries.
PFAS are a group of man-made chemicals that have been in use since the 1940s. Used in a wide range of products for their resistance to heat, water, and oil, PFAS can persist in the environment and in the human body for long periods. The potential health implications of long-term exposure to certain PFAS are a cause for concern, which has led to calls for more stringent regulation of these substances.
In the absence of a concrete federal guideline, different states have been left to develop their own regulatory standards for PFAS in drinking water. This situation has resulted in a complex patchwork of rules, with each state setting its own maximum acceptable levels for the presence of these compounds. The disparity across state lines presents industries with significant complexities in enforcing these regulations, which often differ from one jurisdiction to another.
PFAS drinking water standards and regulations are determined on a state-by-state basis, which can create potential issues for companies operating in multiple states. For these companies, compliance requires careful navigation of the different sets of rules and regulations in place across the locations in which they operate.
JD Supra reports on the state-by-state approach to PFAS regulation in drinking waters in August 2023.
As this landscape continues to evolve, it is becoming increasingly important for companies to keep informed of developments in the area of PFAS regulation to ensure full compliance with all relevant standards. The evolving nature of these regulations underscores the necessity for companies to not only comply with current standards, but also to stay ahead of potential future changes in the regulatory environment.