Navigating the New PFAS Landscape
Sea-Land Chemical Company |
Federal Regulatory Framework
The rapidly evolving PFAS regulatory landscape reflects a significant shift toward greater transparency and proactive compliance. The resources below compile key information on existing and pending regulatory requirements.
- Drinking Water Standards: As of April 10, 2024, EPA set enforceable Maximum Contaminant Levels (MCLs) for six PFAS compounds—PFOA, PFOS, PFHxS, PFNA, GenX, and a mixture hazard index—ranging from 4 ppt (e.g., PFOA/PFOS) to 10 ppt for others, with compliance by April 2029. EPA also mandated UCMR-5 for monitoring 29 PFAS in public water systems from 2023–2025. [epa.gov]
- Rule Revisions (May 2025): EPA decided to retain MCLs for PFOA/PFOS and delay compliance until 2031, while rescinding MCLs for other PFAS pending further review. They also proposed exemptions for small systems under the Safe Drinking Water Act. [bclplaw.com], [awwa.org]
- Hazardous Substance Designation: EPA reaffirmed PFOA and PFOS as hazardous substances under CERCLA, maintaining liability for releases. [pfas.pills…urylaw.com], [hklaw.com]
- TSCA Reporting Rule Adjustments: EPA is revising PFAS reporting thresholds under TSCA Section 8(a)(7), including new de minimis exemptions (e.g., for <0.1% concentrations), with comments due by December 2025. [epa.gov], [federalregister.gov]
State-Level Actions & Product Restrictions
A growing number of states are implementing class-based bans on intentionally added PFAS across consumer products, often with phased implementation between 2025–2032. [saferstates.org]
- Minnesota (Amara’s Law): Bans 11 product categories (e.g., cookware, cleaning products, cosmetics, carpets) with initial enforcement starting 2025 and full prohibition by 2032; manufacturers must report by mid-2026. [health.state.mn.us]
- California: Restricts PFAS in cookware, textiles, food packaging, cosmetics, personal care, and firefighting gear, with most bans in effect by 2027; broader product restrictions through 2033. [waterboards.ca.gov]
- New Mexico: Enacted comprehensive PFAS ban starting in 2027 for cookware, food packaging, juvenile products; expands to cosmetics, furniture, carpets by 2028 and across all products by 2032. [env.nm.gov]
- Maine: Enacted LD 130 to support agricultural cleanup and requires disclosure—full PFAS product ban and testing by 2030. [maine.gov]
- Colorado, Washington, New York, Connecticut, Rhode Island, and Vermont: Also adopting phased bans on PFAS in textiles, carpets, food packaging, cleaning products, firefighting foam, menstrual products, personal care, and ski wax. [leg.colorado.gov]
State Drinking Water Standards
- States vary widely, from stringent levels in Minnesota (0.0079 ppt for PFOA) to lenient regulations in Michigan (~400,000 ppt for PFHxA), creating a fragmented national picture. [bclplaw.com]
- Many states are aligning or tightening drinking water MCLs to match or exceed federal standards.
Emerging Trends
- State intervention spikes, especially in consumer product restrictions, as federal oversight shifts.
- Monitoring and remediation focus: States are expanding sampling to soil, biosolids, and wastewater streams.
- Tiered regulatory approach: States are prioritizing high-use and high-risk product categories for phased bans.
- Enhanced reporting and transparency: Typical provisions include manufacturer disclosure requirements and “unavoidable use” waivers.
The current PFAS regulatory landscape makes reliance on legacy chemistries increasingly risky, as products with intentionally added PFAS may soon face prohibitions or enhanced reporting requirements. Solutions and alternatives are available—contact a Sea‑Land Chemical representative to learn more.
