The Current State PFAS Regulations in the United States

Per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals,” represent a class of human-made chemicals that have garnered significant attention due to their widespread use and environmental persistence. These compounds are known for their unique properties, such as being water and oil resistant, making them valuable in a range of industrial and consumer applications. However, their durability has also led to concerns about their potential adverse effects on human health and the environment, prompting heightened public awareness regarding their presence in water, soil, and consumer products. Due to these imminent health risks, regulations surrounding PFAS have been developing globally at breakneck speeds.

Evolving PFAS Regulations in the United States

PFAS Regulation on a National Level

In the United States, regulations regarding PFAS have undergone significant developments in recent years. On a national level, the Environmental Protection Agency (EPA) has been actively working to address the challenges posed by PFAS contamination. These efforts include the Toxic Substances Control Act (TSCA) Section 8(a)(7) PFAS reporting requirement, which aims to gather data on PFAS production volume, processing and use information, and potential exposure in order to facilitate risk assessments and regulatory decision-making. Compliance with TSCA Section 8(a)(7) will help improve transparency and understanding of PFAS in the environment and their impact on human health and ecosystems. 

The Biden administration has also made recent efforts to curb PFAS exposure. On Wednesday, the administration finalized new limits on the amount of PFAS allowed in drinking water at 4.0 parts per trillion. The rule will apply to five individual PFAS:

• PFOA
• PFOS
• PFNA
• PFHxS
• FHPO-DA (also known as “GenX Chemicals)

This new rule aims to “reduce PFAS exposure for approximately 100 million people, prevent thousands of deaths, and reduce tens of thousands of serious illnesses,” according to the April 10th EPA announcement. 

PFAS Regulation on a State Level

While the federal government works to implement new rules and policies, many individual states are already taking action against the exposure of PFAS to the public. Many of these state-level regulatory efforts are even stricter than those proposed by the federal government. 

With the changing status of PFAS both globally and at a state level, it’s important to take time to understand what’s happening in these states, as they will likely guide the remaining states and the federal decisions on PFAS regulations:

Maine: PFAS Regulations

Maine enacted the LD 1503 Act to stop PFAS pollution in July 2021, with various provisions of the law going into effect over time. Going into effect last year, January 1, 2023, prohibits the sale of rugs, carpets, and fabric treatments that contain intentionally-added PFAS (used carpets and rugs are excepted). The law also requires manufacturers of products with intentionally added PFAS to report the presence of PFAS in those products by Chemical Abstracts Service (CAS) registry number starting on January 1, 2025. By January 1, 2030, Maine will prohibit all products with intentionally added PFAS from entering the market.

Minnesota: PFAS Regulations

Minnesota enacted Amara’s Law in 2023, a series of bills that, among other things, will ban PFAS from products where their usage is considered nonessential and require companies to disclose their usage in products starting in 2025. The law is named after Amara Strande, an outspoken critic of PFAS who died in 2023 at the age of 20 from fibrolamellar hepatocellular carcinoma, a cancer that affects one in five million Americans. Amara maintained that 3M’s waste-management practices (which had already come under fire in previous decades) had polluted the water in her Oakdale, Minnesota, community. According to the Minnesota Reformer, “a 2017 study found that a child who died in Washington County [where Oakdale is located] between 2003 and 2015 was 171% more likely to have cancer than a child who died in the surrounding area.”

Starting January 1, 2025, eleven categories of products will be prohibited from entering the market if they contain intentionally-added PFAS. Those categories include similar products to those found in Maine’s laws, but also include cookware, cosmetics, and children’s products. By January 1, 2026, Maine will require manufacturers of products with intentionally-added PFAS to report the presence of PFAS in those products to the Minnesota Pollution Control Agency (MPCA) before they enter the market. A complete ban on products that contain intentionally-added PFAS substances will start on January 1, 2032.

Other States with PFAS Regulations in the Works

While Maine and Minnesota are taking the lead on total PFAS bans, other states are in the process of pursuing their own regulations: 

• Illinois will vote on Senate Bill 2705 this year, which will ban the sale and manufacture of all products that intentionally contain PFAS by 2032. 
• Kentucky is expected to decide on HB 116 this year, which would feature a notification requirement for all products that intentionally contain PFAS. Other states are focusing on small subsets of products such as textiles, firefighting foams, cookware, children’s products, and food packaging. 
• California Proposition 65 already addresses label requirements for several PFAS in all products, and is expected to add more as reviews are conducted. 
• States such as Colorado have proposed full PFAS bans on all products but have thus far failed to gain the support needed to enact such restrictions. 
• Tennessee is reviewing a bill that totally bans PFAS as early as 2025. 

All in all, a total of 34 states have introduced some level of restriction on PFAS to date, with about 28 having adopted such legislation.

In 2023 alone, over 190 bills were introduced in various states on PFAS, and over 20 states were in ongoing litigation against manufacturers of PFAS. While significant efforts have been made to address PFAS concerns, it’s clear that regulations are still in development and will continue to change and evolve. States will be closely watching the progression of both states with enacted bills and the EPA’s actions following the TSCA Section 8(a)(7) PFAS reporting requirements in the following years to help guide decisions on future PFAS regulations.