Amid nationwide pressure to end the toxic legacy of these “forever chemicals,” a new tide of state and federal per- and polyfluoroalkyl substances (PFAS) legislation is inundating the country. Last month, Michigan Representatives Debbie Dingell and Fred Upton, along with 25 other members of Congress, introduced a bold new PFAS Action Act to the House of Representatives. The proposed bill includes some far-reaching provisions like establishing certain PFAS as “hazardous substances” under the Superfund law--an action that remains highly controversial.

This year alone, over 180 bills concerned with PFAS will be under consideration in 27 states. Many of these laws aim to establish safe drinking water levels, phase out PFAS based firefighting foams, allocate money towards research and remediation of PFAS, and address PFAS in consumer products, particularly in food packaging. Outside California, states that have recently passed laws concerning PFAS include Michigan, Washington, Connecticut, Maine, and New York (among others). But a patchwork coalition of states will not be enough to combat the mounting concerns about PFAS in our environment. Without nationwide legislation, PFAS will continue to impact our rivers, groundwater, wildlife, and soil.

Many common items contain PFAS, including non-stick pans, textiles, cosmetics, flame retardants, and food packaging. Extensive use has resulted in PFAS making their way into our landfills, water ways, and in some cases, even our drinking water sources. Enough exposure to these toxic chemicals can cause serious health effects like cancer, hormone disruption, immune suppression, and reproductive harm. PFAS may also reduce the effectiveness of vaccines, which is a subject of grave concern during the ongoing Covid-19 vaccine rollout. 

It seems clear that PFAS are a nationwide issue, but the US Environmental Protection Agency (USEPA) and Department of Defense (DoD) have been remarkably slow to establish federal regulations. In the absence of federal standards, many states have taken matters into their own hands. Twelve states have set their own drinking water limits for certain PFAS. New Jersey became the first state to establish a Maximum Contamination Limit (MCL) for perfluorononanoic acid (PFNA) at 13 parts per trillion (ppt). Last year California established lower response levels for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) – 10 and 40 ppt, respectively -- on the heels of 2019 action to reduce California drinking water notification levels to 5.1 and 6.5 ppt.

Other states are taking on the use of PFAS in consumer products; New York became the third state after Washington and Maine to prohibit PFAS in food wrappers. This year, Maine and Connecticut are debating whether to take the unprecedented step of phasing out all uses of PFAS in consumer products. States like New Hampshire are going after PFAS polluters to pay for environmental damages--joining the ranks of at least six other states that have filed lawsuits against PFAS chemical manufacturers. 

Amid this flurry of state activity, Congress is pushing federal agencies like the USEPA and DoD to address PFAS. The NDAA (National Defense Authorization Act) passed earlier this year and included multiple PFAS provisions such as a timeline for phasing out PFAS contaminated firefighting foams, an automatic enrollment of three new PFAS to the TRI (Toxic Release Inventory), and funding for military sites to clean up PFAS contamination. But the new PFAS Action Act  introduced to Congress on April 13th outlines even bolder steps for addressing PFAS at the federal level. The act calls for Congress to: 

• Require the EPA to establish a national drinking water standard for PFOA and PFOS within two years.

• Designate PFOA and PFOS as “hazardous substances” under the Superfund law within one year.

• Require the EPA to research whether to add certain PFAS to their listings within five years.

• Require the EPA to establish limits for industrial discharges and allocate $200 million annually for wastewater treatment. 

• Prohibit unsafe PFAS destruction techniques like incineration. 

• Place a moratorium on the introduction of new PFAS. 

• Require comprehensive PFAS health testing.

• Create a voluntary label for PFAS in cookware.

While many environmental groups have officially endorsed the new bill, there are numerous issues and controversies that must be addressed for the legislation to move forward. Of great concern to those of us in the environmental testing industry is the rush to legislate arbitrary deadlines for setting drinking water standards rather than following the normal Maximum Contamination Level (MCL) decision-making process.

In the meantime, the EPA is creating a new council, the EPA Council on PFAS (ECP), to review current PFAS projects and develop best practices. In a departmental memo, EPA Administrator Michael Regan explained the ECP’s main goals which include the development of a multi-year plan to review all ongoing PFAS actions and any necessary modifications and new strategies that may be needed. Additionally, the ECP is charged with evaluating whether EPA funding and financing programs are effectively managing PFAS pollution, and with helping to coordinate and inform multi-departmental programs that are cleaning up regions with complex PFAS challenges. The new council will help establish a baseline plan for how the EPA can best use their partnerships, expertise, and authorities to address PFAS. It is not intended as a replacement for other PFAS programs but to bolster communication between local, state, federal, and tribal interests. 

It is heartening to see the federal government and states across the country taking concrete steps towards addressing an on-going public health issue. As the nation emerges from the grips of the Covid-19 pandemic, we can start allocating more time and resources to testing, legislating, and ultimately, to reduce PFAS in our environment. The occurrence and prevalence of PFAS can no longer be ignored.

Moving forward, testing will provide essential data to those responsible for legislating and regulating PFAS which is why Babcock Laboratories, Inc. (Babcock Labs) invests in cutting-edge PFAS testing technologies. We provide expert analytical data for clients both at home and abroad and are proud to be a leading PFAS lab accredited in California, Washington, Hawaii, New York, Alabama, and Guam. News breaks almost daily about regulatory responses to PFAS contamination and Babcock Labs endeavors to help keep our clients up-to-date with the latest information. For more insights into PFAS legislation or for details about PFAS testing, contact Babcock Labs.