Earlier this year, the Interstate Technology and Regulatory Council (ITRC) updated their per- and poly-flouroalkyl substances (PFAS) regulation tracking tables, which present current information sorted by State. The tracking tables assist the regulated community in keeping up with changing requirements for evaluating, investigating and remediating PFAS in water, soil, air, and sediment in each State. The ITRC tables include screening levels, standards, criterion, and guidance values (“published values”) for water, air and soil. While most standards are similar between States, comparison can be difficult as each adds PFAS compounds into its own existing framework of environmental regulations, in which the approach to the protection of receptors can vary significantly.
Water For water, thirty (30) States have at least one published value for PFAS, which includes groundwater, drinking water, and surface water. In 2023 and so far in 2024, there has been additions or updates to published values in California, Connecticut, Delaware, Hawaii, Maine, Michigan, Minnesota, Nevada, New York, Pennsylvania, Rhode Island and Texas. The ITRC tracking table for water shows twenty-eight states, up from 21 in 2023, have published values for at least perfluorooctanoic acid (PFOA), and twenty-seven states have published values for perfluorooctane sulfonic acid (PFOS). Un-listed states are likely relying on USEPA Health Advisories (HA) and Regional Screening Levels (RSL). In 2023, there were adoptions, revisions, additions, or other actions taken by eleven (11) states for water. In 2024, four states have added or updated published values, and Wisconsin and Illinois currently have pending actions.
Significant EPA actions have included the adoption of MCLs for PFOA, PFOS, PFNA, perfluorobutane sulfonic acid (PFBS), PFHxS, HFPO-DA (Gen-X). These actions adopt previous published values and build on their 2023 regional activity, which included adding or publishing new drinking water RSLs. EPA continues to build on their numerous actions in the last few years using RSLs and HAs, and generally executing their October 2021 PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024.
Soil The consistent expansion of published values for soil is evident at both the federal and state levels. ITRC is tracking published values for the soil to water (surface water or groundwater) and the direct contact (human health) pathways. Fourteen (no change) states have published values for the soil to water pathway, with relatively large ranges for individual compounds. New Jersey is distinct in its use of Synthetic Precipitation Leaching Procedure (SPLP) to calculate site specific standards for the soil to water migration pathway instead of publishing default concentration values. Twenty-three one states have published values for the residential direct contact pathway, with most recent actions in Hawaii and Vermont . Many of these states have variable standards based on property use.
Air For air quality, six (6) States – Michigan, Minnesota, New Hampshire, New Jersey, New York, and Texas – have published values for at least one PFAS compound in air. Texas is currently leading the way with published values for nine (9) PFAS. Thus far States are generally publishing air guidelines and thresholds, and only New Hampshire has actually adopted enforceable air standards in their regulations. It is of note that USEPA has not published values for air to date, according to ITRC.
EPA has a detailed plan, known as the PFAS Strategic Roadmap, to integrate PFAS into their water supply, waste and remediation regulations, with the proposal of PFAS National Drinking Water Regulations in the fall of 2022 as the centerpiece. In parallel, they are advancing numerous supporting tasks including:
- conducting further health studies;
- developing water treatment technologies;
- issuing an Unregulated Contaminant Monitoring Rule;
- issuing a Toxic Substances Control Act PFAS test order;
- adding PFAS to EPA’s contaminated site cleanup tables;
- publishing draft aquatic life water quality criteria; and
- modifying air and water discharge requirements.