In the Absence of Federal Standards, States Step in to Regulate PFAS

Read the full post at JD Supra.

According to the Association of State Drinking Water Administrators, seven states have adopted or begun the process of formulating an action level, MCL, or other regulatory limit more stringent than EPA’s health advisory limits to address compounds within the PFAS family. Three other states, including North Carolina, have issued their own health advisories for certain PFAS compounds at levels lower than EPA’s. These efforts are not without controversy however. New state standards place greater burdens on drinking water systems that are frequently without the resources to address existing maintenance and infrastructure improvement needs. The tradeoff for these new burdens is viewed by some as an uncertain benefit when so little is known about the risks of PFAS exposure. Where states are unable to provide grant funding or other assistance for the newly imposed financial burdens of PFAS regulation, many are left wondering whether ratepayers will be left holding the bag, or if a new niche of PFAS litigation between drinking water systems and the industry that utilized the compounds will be the funding mechanism of choice.

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