PFAS: State-by-State Regulatory Update (March 2025 Revision)
Posted: March 13th, 2025
Authors: Kayla N.
Welcome back to the 2025 edition of the ALL4 state-by-state per- and polyfluoroalkyl substances (PFAS) update. A lot has changed over the past year in both the federal and state regulatory landscape. The U.S. Environmental Protection Agency (U.S. EPA) has put forth several federally enforceable PFAS requirements, and states have been matching stride by either incorporating the federal requirements by reference or introducing their own more stringent versions. With proposed legislation and other PFAS news popping up daily, ALL4 is here to help keep track of everything. Note that the information presented here was current as of March 6, 2025.
Note that if you are interested in more frequent PFAS regulatory information for specific states or environmental programs, ALL4 offers a monthly PFAS regulatory tracker to our clients.
First, to level-set, several key PFAS regulations currently at the federal level are presented below in Table 1.
Table 1
Summary of Key Federal PFAS Regulations
| Category | Subcategory | Regulation |
| Water | Drinking Water | On April 10, 2024, U.S. EPA finalized federally enforceable maximum contaminant levels (MCL) and non-enforceable, health-based maximum contaminant level goals (MCLG) for perfluorooctanoic acid (PFOA), perfluorooctane sulfonate (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide-dimer acid (HFPO-DA, or “GenX”), and mixtures of PFHxS, PFNA, HFPO-DA, and perfluorobutanesulfonic acid (PFBS).
The MCL are 4 parts per trillion (ppt) (PFOA), 4 ppt (PFOS), 10 ppt (PFHxS), 10 ppt (PFNA), 10 ppt (HFPO-DA), and a hazard index of 1 for mixtures containing two or more of PFHxS, PFNA, HFPO-DA, and PFBS. The MCLG are 0 ppt (PFOA), 0 ppt (PFOS), 10 ppt (PFHxS), 10 ppt (PFNA), 10 ppt (HFPO-DA), and a hazard index of 1 for mixtures containing two or more of PFHxS, PFNA, HFPO-DA, and PFBS. Public water systems (PWS) will be required to comply with the new PFAS MCL starting in April 2029. |
| On December 27, 2021, U.S. EPA published the final fifth Unregulated Contaminant Monitoring Rule (UCMR 5) which requires public water systems (PWS) to collect samples for 29 PFAS (and lithium) between 2023 and 2025. | ||
| Wastewater | On December 18, 2024, U.S. EPA published a notice in the Federal Register announcing the availability of the Preliminary Effluent Guidelines Program Plan 16 (Preliminary Plan 16). Preliminary Plan 16 will initiate new wastewater discharge and treatment studies for the Battery Manufacturing, Centralized Waste Treatment, and Oil and Gas Extraction industrial categories, among other studies. | |
| In January 2023, U.S. EPA released final Effluent Limitation Guidelines (ELGs) Program Plan 15 (Plan 15), including a determination that revised ELGs and pretreatment standards are warranted for reducing PFAS in leachate discharges from landfills. Plan 15 also announced an expansion of the ongoing study of PFAS discharges from textile manufacturers and a new study of publicly owned treatment works (POTW) influents.
Per Plan 15, U.S. EPA is conducting a POTW Influent PFAS Study to collect and analyze nationwide data on industrial discharges of PFAS to POTW, as well as PFAS in POTW influent, effluent, and sewage sludge. U.S. EPA will require, through an Information Collection Request (ICR) approved by the Office of Management and Budget (OMB), a subset of large POTW across the United States to complete a questionnaire and collect and analyze wastewater and sewage sludge samples. |
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| On March 17, 2021, U.S. EPA published an advance notice of proposed rulemaking to solicit data and information to support future rulemaking relating to the guidelines for PFAS effluent limitations, pretreatment standards, and new source performance standards (NSPS) applicable to the Organic Chemicals, Plastics and Synthetic Fibers (OCPSF) point source category. U.S. EPA was proposing to revise the existing standards under 40 CFR Part 414 to address PFAS discharges from facilities manufacturing PFAS.
On January 21, 2025, this proposed rule was put on hold as a result of the Executive Order titled “Regulatory Freeze Pending Review” which was signed on January 20, 2025. |
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| Surface Water | In December 2024, U.S. EPA announced draft national recommendations for health-based levels of PFOA, PFOS, and PFBS in water bodies. Human Health Criteria (HHC) values are proposed for “water plus organism” and “organism only.” The notice also initiated a 60-day public comment period; however, the comment period has since been extended through April 25, 2025. | |
| Discharge Permitting | In December 2024, U.S. EPA published the new proposed 2026 industrial stormwater multisector general permit (MSGP) which, among other changes, includes the addition of PFAS monitoring requirements. The proposal also initiated a 60-day public comment period on the draft MSGP; however, the comment period has since been extended through April 4, 2025. | |
| In December 2022, U.S. EPA issued a companion memo providing guidance to states on how to use the National Pollutant Discharge Elimination System (NPDES) permitting program to reduce PFAS pollution. This memo expands upon an April 2022 memo issued to U.S. EPA Regions. The memo recommends that states use the most current sampling and analysis methods in their NPDES programs to identify known or suspected sources of PFAS and to take actions using their pretreatment and permitting authorities, such as imposing technology-based limits on sources of PFAS discharges. | ||
| Air | National Emission Standards for Hazardous Air Pollutants (NESHAP) | 40 CFR Part 63, Subpart N (NESHAP for Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks) prohibits the usage of PFOS in fume suppressants. |
| Other | Toxic Release Inventory (TRI) | Section 7321 of the National Defense Authorization Act for Fiscal Year 2020 (FY2020 NDAA), which was passed in December 2019, immediately added 172 PFAS to the list of chemicals covered by the TRI and provided a framework for additional PFAS to be added to TRI on an annual basis. This list became effective January 1, 2020, with the first PFAS Form Rs required by July 1, 2021. Additional PFAS have been added to the TRI list on an annual basis, bringing the current total to 196. |
| In October 2023, U.S. EPA finalized a rule to designate PFAS as “chemicals of special concern” under TRI, thereby eliminating the de minimis exemption for facilities and suppliers, among other things. | ||
| Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) | In April 2024, U.S. EPA announced final rulemaking to designate PFOA and PFOS, including their salts and structural isomers, as hazardous substances under CERCLA. In addition to the final rule, U.S. EPA issued a separate CERCLA enforcement discretion policy which clarifies U.S. EPA will focus enforcement on parties who significantly contributed to the release of PFAS chemicals into the environment.
U.S. EPA also issued an Advance Notice of Proposed Rulemaking (ANPRM) asking for public input regarding potential future designations of additional PFAS under CERCLA. |
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| U.S. EPA has added over 30 PFAS to the list of Regional Screening Levels (RSLs) and Regional Removal Management Levels (RMLs) for chemical contaminants at Superfund sites. | ||
| Resource Conservation and Recovery Act (RCRA) | In February 2024, U.S. EPA proposed changes to add PFOA, PFOS, PFBS, GenX, PFNA, PFHxS, perfluorodecanoic acid.(PFDA), perfluorohexanoic acid (PFHxA), and perfluorobutanoic acid (PFBA) as “hazardous constituents” under Appendix VIII. | |
| Toxic Substances Control Act (TSCA) | In October 2023, U.S. EPA finalized a one-time PFAS reporting rule under TSCA Section 8(a)(7) requiring all manufacturers (including importers) of PFAS in any year since 2011 to report information related to chemical identity, category of use, volume manufactured and processed, byproducts, environmental and health effects, worker exposure, and disposal. The reporting window was originally open from November 13, 2024 to May 8, 2025; however, this reporting window was extended to be from July 11, 2025 to January 11, 2026. | |
| In January 2024, U.S. EPA finalized a rule that would prevent anyone from starting or resuming, without a complete EPA review and risk determination, the manufacturing, processing, or use of an estimated 329 PFAS that have not been made or used for many years, known as “inactive PFAS.” | ||
| U.S. EPA finalized a Significant New Use Rule (SNUR) for PFOA and PFOA-related chemicals. The SNUR requires notification from anyone who begins or resumes the manufacturing, including importing or processing, of these chemicals. The SNUR addresses risks from products such as carpets, furniture, electronics, and household appliances, among others. | ||
| Aqueous Film Forming Foam (AFFF) | The Department of Defense (DOD) has stopped using AFFF for land-based testing or training unless it can be completely contained and disposed. The FY2020 NDAA Section 322 requires DoD to cease use of AFFF no later than October 1, 2024, unless the Secretary of Defense submits a one-year waiver. | |
| Consumer Goods | In February 2024, the Food & Drug Administration (FDA) announced that grease-proofing substances containing PFAS are no longer permitted to be sold by manufacturers for food contact use in the U.S. market. This was a voluntary market phase-out, following a 2020 post-market safety assessment conducted by the FDA. |
The following maps provide a high-level summary of what the individual states within the U.S. are currently doing in terms of water (e.g., drinking water, surface water, groundwater, wastewater, biosolids/sludge), air, and other PFAS-related regulations (e.g., AFFF, waste, cleanup, consumer goods). This does not include any litigation, consent orders, action plans/task forces, or investigative sampling.
The color key is as follows:
| = no promulgated regulations / no information available | |
| = regulation in progress | |
| = regulation promulgated |
WATER REGULATIONS
Several highlights of state PFAS water regulations are presented below in Table 2.
Table 2
State Water Regulation Highlights
| State | Water Regulation Subcategory | Regulation |
| Alaska | Drinking Water Action Levels | PFOS + PFOA (70 ppt, combined) |
| California | Drinking Water Notification Levels | PFOS (6.5 ppt), PFOA (5.1 ppt), PFBS (500 ppt), and PFHxS (3 ppt)
Note: The State Water Board has also requested notification levels for PFHxA, perfluoroheptanoic acid (PFHpA), PFNA, PFDA, and 4,8-dioxia-3H-perflourononanoic acid (ADONA). |
| Drinking Water Response Levels | PFOS (40 ppt), PFOA (10 ppt), PFBS (5,000 ppt), and PFHxS (20 ppt) | |
| Drinking Water Public Health Goals | PFOS (1 ppt) and PFOA (0.007 ppt) | |
| Colorado | Surface Water/Groundwater Translation Levels | PFOS + PFOA + PFNA (70 ppt, combined), PFBS (400,000 ppt), and PFHxS (700 ppt).
Note: Colorado Water Quality Control Commission Policy 20-1 also includes monitoring and permitting considerations for entities that discharge to state waters. |
| Stormwater General Permit | The Colorado Department of Public Health and Environment’s (CDPHE) Discharge Permit System (CDPS) General Permit COR900000 includes PFAS monitoring and other requirements. | |
| Biosolids/Sludge | CDPHE has implemented the Biosolids-PFAS interim strategy, which establishes monitoring requirements for biosolids preparers. An interim threshold level of 50 micrograms per kilogram (µg/kg) for PFOS in biosolids has been established. | |
| Connecticut | Drinking Water Action Levels | PFOS (10 ppt), PFOA (16 ppt), PFBA (1,800 ppt), PFBS (760 ppt), PFHxA (240 ppt), PFHxS (49 ppt), GenX (19 ppt), PFNA (12 ppt), 8:2 chloropolyfluoroether sulfonic acid (5 ppt), and 6:2 chloropolyfluoroether sulfonic acid (2 ppt) |
| Proposed Drinking Water MCLs | Proposed Senate Bill 733 would establish MCL for “PFAS” of not greater than 20 ppt.
Note: Individual PFAS chemicals or proposed MCL are not included in the proposed bill language. |
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| Biosolids/Sludge | Beginning October 1, 2024, the use or sale of any biosolids or wastewater sludge that contains PFAS as a soil amendment is prohibited. | |
| Proposed Biosolids/Sludge | Proposed Senate Bill 883 would amend the CT general statutes to adopt the state of Maine’s PFAS prohibition and establish strict guidelines for the use of sewage sludge in farming. | |
| Discharge Permits | Connecticut Department of Energy & Environmental Protection (DEEP) issued “NPDES & Pretreatment PFAS Roadmap” memorandum which states that all newly issued permits or registrations of facilities related to the NAICS/activities identified in Appendix A to the memorandum, or facilities with known sources of PFAS, will contain a special condition or compliance schedule requiring permittees to develop and implement a PFAS monitoring/sampling plan. | |
| Hawaii | Biosolids/Sludge | Senate Resolution 112 was passed which urges the Hawaii Department of Health (DOH) to take action to require wastewater treatment plants to test sewage sludge and other residual material for PFAS, as well as urges DOH to prohibit the issuance or renewal of permits if testing for sludge/residuals yields PFAS. |
| Proposed Biosolids/Sludge | Proposed rule would require wastewater treatment plants to conduct PFAS testing for sewage sludge and any other residual material that is intended for land application. | |
| Proposed Discharge Permits | Proposed House Bill 2785 was introduced, which includes provisions that authorize the director to include certain conditions in permits or deny permits for land application of sewage sludge/residual material if PFAS has been detected in samples. | |
| Illinois | Drinking Water Health Advisories | PFOS (14 ppt), PFOA (2 ppt), PFNA (21 ppt), PFHxA (3,500 ppt), PFHxS (140 ppt), and PFBS (2,100 ppt).
Note: The calculated health-based guidance level for PFOA is 0.6 ppt; however, the minimum reporting level (MRL) is 2 ppt for drinking water analysis. Therefore, the health-based guidance level is set equal to the MRL. |
| Proposed Drinking Water MCL | Senate Bill 727 was passed, which requires that within one year of U.S. EPA promulgating regulations or amendments regarding PFAS MCL, that the Illinois Pollution Control Board adopt rules which are identical. | |
| Proposed Groundwater Standards | Proposed amendments to 35 Ill. Adm. Code 620 which would establish groundwater standards for PFOA, PFOS, PFNA, PFHxS, PFBS, and GenX. | |
| Discharge Permits | The Illinois Environmental Protection Agency (IEPA) has begun issuing draft NPDES permits to municipalities that include PFAS Special Conditions for “major” dischargers with a design average flow above 1.0 million gallons per day (MGD). These Special Conditions will be included in all major municipal and industrial NPDES permits and a select number of industrial minor permits. | |
| Maine | Interim Drinking Water MCL | PFOS, PFOA, PFHpA, PFNA, PFHxS, and PFDA (20 ppt, combined) |
| Biosolids/Sludge | The land application of sludge generated from municipal, commercial, or industrial wastewater treatment plants, compost produced from sludge, or any other materials derived from sludge is prohibited. The sale of compost or other materials derived from sludge is also prohibited. | |
| Maryland | Drinking Water Health Advisories | PFHxS (140 ppt) |
| Discharge Permits | Rulemaking passed which requires the Maryland Department of the Environment (MDE) to take the following actions relating to significant industrial users:
– By October 1, 2024, identify significant users that currently and intentionally use PFAS. – By January 1, 2025, develop PFAS monitoring and testing protocols for the identified significant users. – By June 1, 2025, develop PFAS action levels for pretreatment permits. – September 1, 2025, develop mitigation plans for pretreatment permits.
The rulemaking also establishes PFAS storage and disposal requirements, monitoring and reporting requirements, and reduction measures for significant users. |
|
| Massachusetts | Drinking Water MCL | PFOS + PFOA + PFHxS + PFNA + PFHpA + PFDA (20 ppt, combined)
Note: The current state MCL are less stringent than the new federal MCL and will be revised. Massachusetts Department of Environmental Protection (MassDEP) will be proposing amendments to its PFAS regulations to be at least as stringent as the U.S. EPA MCL and will be holding public hearings to receive public input on this proposal. |
| Biosolids/Sludge | MassDEP requires quarterly monitoring of PFAS in residuals that have an Approval of Suitability (AOS) and are permitted to be reused through land application. | |
| Michigan | Drinking Water MCL | PFOS (16 ppt), PFOA (8 ppt), PFHxA (400,000 ppt), PFHxS (51 ppt), PFNA (6 ppt), PFBS (420 ppt), and GenX (370 ppt). |
| Biosolids/Sludge | Michigan Department of Environment, Great Lakes, and Energy (EGLE) has implemented an interim biosolids PFAS interim strategy for wastewater treatment plants and landowners/farmers regarding the land application of biosolids. Guidance is based on the following interim thresholds for biosolids:
– PFOA/PFOS concentration >100 µg/kg (industrially impacted/cannot be land applied) – PFOA/PFOS concentration > 20 µg/kg but < 100 µg/kg (elevated/trigger requirements) – PFOA/PFOS concentration of < 20 µg/kg (no additional requirements) |
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| Surface Water Quality Values | Established water quality values (WQVs) under Rule 57 for PFBS, PFOA, PFNA, and PFHxS. Standards established for both drinking water sources and non-drinking water sources of surface water. | |
| Discharge Permits | EGLE published a summary of current NPDES permitting strategies for industrial facilities and municipal POTWs. The new system categorizes POTW facilities into “bins” based on the results of effluent testing as well as the potential of their Industrial Users to be contributing sources of PFAS. EGLE also identified industrial categories that have been identified as key sources. EGLE has added questions around PFAS to their NPDES Industrial/Commercial Application Form for permitting direct discharges of wastewater.
EGLE published a revised guidance document in November 2024 titled “Municipal NPDES Permitting Strategy for PFAS” which includes information regarding PFAS water standards, NPDES permitting strategy, and other supporting information for affected facilities. |
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| Minnesota | Drinking Water Health Risk Limits | PFOS (300 ppt), PFOA (35 ppt), PFHxA (200 ppt), PFHxS (47,000 ppt), PFBA (7,000 ppt), and PFBS (100 ppt) |
| Drinking Water Health-Based Values | PFOS (2.3 ppt), PFOA (0.0079 ppt), PFHxA (200 ppt), PFHxS (47 ppt), PFBA (7,000 ppt), and PFBS (100 ppt) | |
| Site Specific Surface Water Quality Criteria | MPCA has developed site specific water quality criteria for six PFAS (PFOS, PFOA, PFHxA, PFBA, PFHxS, and PFBS) found in lake Bde Maka Ska in Minneapolis and the East Metro, including portions of the Mississippi River and St. Croix River. | |
| Montana | Groundwater Human Health Standards | PFOS and PFOA (70 ppt, individually or combined) |
| New Hampshire | Drinking Water MCL and Ambient Groundwater Quality Standards (AGQS) | PFOS (15 ppt), PFOA (12 ppt), PFNA (11 ppt), and PFHxS (18 ppt) |
| Biosolids/Sludge | New Hampshire Department of Environmental Services (NHDES) requires annual PFAS sampling of all land-applied biosolids, and has revised generator permits to require sampling and analysis. | |
| New Jersey | Drinking Water MCL | PFOS (13 ppt), PFOA (14 ppt), and PFNA (13 ppt) |
| Groundwater Quality Standards (GWQS) | PFOS (13 ppt), PFOA (14 ppt), and PFNA (13 ppt) | |
| Interim Specific Groundwater Quality Criterion (ISGWQC) | Chloroperfluoropolyether carboxylates (ClPFPECAs) (2,000 ppt) | |
| Discharge Permits | Analysis of PFNA, PFOA, and PFOS is required in the Characterization of the Quality of the Discharge Data to be submitted in the application for a Discharge to Ground Water (DGW) permit. | |
| New Mexico | Groundwater Toxic Pollutants | PFOS, PFOA, and PFHxS (70 ppt, individually or combined) |
| New York | Drinking Water MCL | PFOS (10 ppt) and PFOA (10 ppt) |
| Proposed Drinking Water MCL | Proposed Senate Bill 9661/3207 introduced: MCL for PFOA (4 ppt), PFOS (4 ppt), PFHxS (10 ppt), GenX (10 ppt), and PFBS (10 ppt) | |
| Groundwater Effluent Limits | PFOS (2.7 ppt) and PFOA (6.7 ppt) | |
| Discharge Permits | New York Department of Environmental Conservation (NYDEC) released permitting strategy documents for implementing PFOA and PFOS guidance values into State Pollutant Discharge Elimination System (SPDES) and POTW permits. | |
| Biosolids/Sludge | NYDEC has implemented the Interim Strategy for the Control of PFAS Compounds, which establishes interim PFOS and PFOA criteria for biosolids that are recycled in the state. Guidance is based on the following interim thresholds for biosolids:
If PFOA/PFOS concentration is: – Greater than 50 µg/kg: DEC will take action and recycling is prohibited. – Between 20 µg/kg and 50 µg/kg: Additional sampling is required. – Less than 20 µg/kg: No action is required. |
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| Proposed Biosolids/Sludge | Proposed Assembly Bill 6192/Senate Bill 5759 introduced, which would establish a moratorium on land application of biosolids and require PFAS testing and reporting of certain groundwater, biosolids, and soil. | |
| Proposed Discharge Permits | Draft TOGS 1.3.14 “Publicly Owned Treatment Works (POTWs) Permitting Strategy for Implementing Guidance Values for PFOA, PFOS, and 1,4-Dioxane” was released for public comment. The draft TOGS establishes how the guidance values for PFOA, PFOS, and 1,4-Dioxane will be applied to State Pollutant Discharge Elimination System (SPDES) permits for POTWs. | |
| Proposed Senate Bill 4574/Assembly Bill 5832 was introduced, which would require certain SPDES permit holders to disclose the measurement of PFAS chemicals found in any discharges from outfalls. | ||
| Ohio | Drinking Water Action Levels and MCL | Action levels: PFOA (4 ppt), PFOS (4 ppt), GenX (10 ppt), PFBS (2,000 ppt), PFHxS (10 ppt), and PFNA (10 ppt)
Note: Ohio Environmental Protection Agency (OEPA) has begun the rule-making process for PFAS MCL. It is anticipated that Ohio’s PFAS MCL rules will be final, implemented, and enforced in Ohio by Spring of 2027. |
| Oregon | Wastewater Initiation Levels | PFOS (300,000 ppt), PFOA (24,000 ppt), PFNA (1,000 ppt), perfluorooctanesulfonamide (PFOSA) (200 ppt), and PFHpA (300,000 ppt). |
| Pennsylvania | Drinking Water MCL and MCLG | MCL: PFOS (18 ppt) and PFOA (14 ppt)
MCLG: PFOS (14 ppt) and PFOA (8 ppt) |
| Discharge Permits | The Pennsylvania Department of Environmental Protection (PADEP) has updated its NPDES Individual Wastewater Permit Application process to include PFOA, PFOS, PFBS, and GenX under “Pollutants Group 1” which require sampling. This applies to all industrial categories. | |
| Rhode Island | Interim Drinking Water MCL | PFOS, PFOA, PFDA, PFNA, PFHxS, and PFHpA (20 ppt, individually or combined) |
| Groundwater Quality Standards | PFOS, PFOA, PFDA, PFNA, PFHxS, and PFHpA (20 ppt, individually or combined) | |
| Surface Water Quality Action Levels | PFOS, PFOA, PFHxS, PFNA, PFHpA, PFDA, PFHxA, and perfluoropentanoic acid (PFPeA) (70 ppt, individually or combined) | |
| Proposed Biosolids/Sludge | Proposed House Bill 5844/Senate Bill 650 was introduced, which would require persons seeking to apply biosolids to land to test the biosolids for PFAS on a quarterly basis. | |
| Vermont | Drinking Water MCL | PFOS, PFOA, PFHxS, PFNA, and PFHpA (20 ppt, combined) |
| Proposed Drinking Water MCL | Proposed House Bill 286 was introduced: MCL of 0 ppt for PFOA, PFOS, PFNA, pFHxS, and PFHpA, as well as an MCL of 20 ppt for any other testable PFAS. | |
| Proposed Biosolids/Sludge | Proposed House Bill 292 was introduced, which would ban the land application or sale of biosolids, sewage sludge, or similar liquid wastes in which testing indicates the presence of PFAS. Additionally, the bill would prohibit the landfill disposal of biosolids, sewage sludge, or similar liquid wastes in which PFAS levels exceed state standards for hazardous waste. | |
| Virginia | Discharge Permits | Per Va. Code §62.1-44.15:5.3, certain industrial users discharging to POTWs are required to test for PFAS chemicals. Additionally, Va. Code §§62.1-44.34:30 – 33 establishes monitoring and reporting requirements for sources of PFAS that discharge under a Virginia Pollutant Discharge Elimination System (VPDES) permit or to a POTW.
Note: Also proposed legislation which would require all facilities that either discharge to surface water under a VPDES permit or discharge to a POTW, and that have engaged since January 1, 2021 in the manufacturing of, or knowing use of, one or more chemicals listed as PFAS target analytes, to submit a one-time report regarding the use of such PFAS. |
| Washington | Drinking Water State Action Levels (SALs) | PFOS (15 ppt), PFOA (10 ppt), PFNA (9 ppt), PFHxS (65 ppt), and PFBS (345 ppt) |
| Biosolids/Sludge | Proposed rule which would require the Washington State Department of Ecology to establish a biosolid management program, including the establishment of pollutant limits for PFAS in biosolids. | |
| Discharge Permits | Ecology reissued the Industrial Stormwater NPDES and State Waste Discharge General Permit. The new permit includes PFAS sampling requirements for certain industrial categories. The permit is effective from January 1, 2025 through December 31, 2029. | |
| West Virginia | Discharge Permits | Facilities which have manufactured or knowingly used PFAS in their process since January 1, 2017, and that either discharge to surface water under a NPDES permit or discharge to a POTW, must report such usage to the West Virginia Department of Environmental Protection (WVDEP). |
| Wisconsin | Drinking Water MCL | PFOS and PFOA (70 ppt, individually or combined).
The Wisconsin Department of Natural Resources (WDNR) is also in the process of updating the MCL to include the new federal MCL. |
| Surface Water Standards | PFOS (8 ppt, except in waters that cannot naturally support fish and do not have downstream waters that support fish.) and PFOA (20 ppt for public water supplies, 95 ppt for all other surface water). | |
| Discharge Permits | Wisconsin Pollutant Discharge Elimination System (WPDES) surface water permits issued after October 1, 2022 will include PFOS and PFOA monitoring requirements. | |
| Ground Water Standards | Proposed: WDNR has requested the Department of Health Services to recommend state groundwater quality enforcement standards for PFOA, PFOS, PFNA, PFHxS, GenX, and PFBS. |
AIR REGULATIONS
Several highlights of state PFAS air regulations are presented below in Table 3.
Table 3
State Air Regulation Highlights
| State | Air Regulation Subcategory | Regulation |
| California | Air Toxics | Certain PFAS added to list of substances under Air Toxics “Hot Spots” Emission Inventory Criteria and Guidelines (EICG) Regulation. |
| Chrome Plating | California chrome plating facilities subject to 40 CFR Part 63, Subpart N received a one-year compliance date extension for the banned use of PFOS in fume suppressants because facilities in the South Coast Air Quality Management District (SAQMD) are also subject to Rule 1469, which requires these facilities to use a certified fume suppressant. Since September 2016, several non-PFOS fume suppressants have been approved for use. | |
| Michigan | Air Toxics | Health-based screening levels were established for several PFAS, including PFOA and PFOS of 0.0004 micrograms per cubic meter (µg/m³), 24-hour average, individually or combined. New or modified sources that are required to obtain an air use permit are subject to Michigan’s air toxics rules, unless otherwise exempt. |
| Minnesota | Emissions Inventory | The Minnesota Pollution Control Agency (MPCA) has added 435 PFAS pollutants to the list of reportable pollutants as part of the state air emissions inventory. However, as part of the MPCA PFAS Monitoring Plan, only information on 51 PFAS pollutants have been requested as Other Test Method (OTM)-45 analytes. |
| New Hampshire | Regulated Air Toxic Pollutant (RTAP) | Ambient air limits (AAL) established for ammonium perfluorooctanoate (APFO) of 0.05 µg/m³ (24-hour) and 0.024 µg/m³ (annual), and for perfluoroisobutylene of 0.29 µg/m³ (24-hour) and 0.20 µg/m³ (annual). New, modified, and existing processes are subject to the air toxics rule. |
| Best Available Control Technology (BACT) | BACT requirement for any facility that may cause or contribute to an AGQS or surface water quality standard (SWQS) exceedance of perfluorinated compounds (PFCs) or precursors, which includes certain PFAS. As shown in Table 2, AGQSs exist for PFOA, PFOS, PFNA, and PFHxS. | |
| New York | Toxic Air Contaminants | Annual guideline concentrations (AGCs) and short-term guideline concentrations (SGCs) established for various PFAS, including PFOA, APFO, potassium perfluorooctanoate, silver(I) perfluorooctanoate, and sodium perfluorooctanoate (AGC of 0.0053 µg/m³, each) and perfluoroisobutylene (SGC of 8.2 µg/m³). Any facility regulated under Part 212 must evaluate air contaminants, as applicable. |
| Proposed Assembly Bill 9518/4373 was introduced, which would regulate PFAS as a toxic air pollutant, require the department to ensure certain process operations use appropriate control technology for PFAS emissions, establish a fence-line monitoring program to monitor PFAS in disadvantaged communities, provide reports to the public, and other related duties. | ||
| Wisconsin | Hazardous Air Contaminants | APFO is a regulated hazardous air contaminant per Ch. NR 445, Wis. Adm. Code. |
OTHER REGULATIONS
Several highlights of other state PFAS regulations are presented below in Table 4.
Table 4
State Other Regulation Highlights
| State | Other Regulation Subcategory | Regulation |
| Alaska | AFFF | Established a firefighting substance disposal reimbursement program, as well as prohibiting the use of a PFAS-containing firefighting foam, with certain exceptions. |
| Hazardous Substances | The Alaska Department of Environmental Conservation (ADEC) has classified PFOS and PFOA and several other PFAS as “hazardous substances.” Any discharge of hazardous substances must be reported immediately to the State under 18 AAC 75. | |
| Remediation | Soil and groundwater cleanup levels for PFOS and PFOA. | |
| Arizona | AFFF | Usage and discharge requirements. |
| Arkansas | AFFF | Usage and discharge requirements. |
| California | AFFF | Reporting, notification, usage, and manufacturer requirements. |
| Consumer Goods | Restrictions on PFAS-containing cosmetics, juvenile products, food packaging, and carpets and rugs that are manufactured in or imported to California. | |
| Personal Protective Equipment (PPE) | Notification requirements for PFAS-containing PPE. | |
| Proposition 65 | Warning required for PFOA, PFOS, and PFNA. | |
| Priority Products | Designated treatments used on textiles/leathers and carpets/rugs containing PFAS that are manufactured in or imported to California as priority products, requiring a Priority Product Notification. | |
| Colorado | AFFF | Usage and registration requirements for Class B firefighting foams. |
| Consumer Goods | Restrictions on PFAS-containing outdoor apparel, cleaning products, cookware, dental floss, menstruation products, ski wax, carpets/rugs, fabric treatments, food packaging, juvenile products, oil and gas products, cosmetics, indoor textile furnishings, and indoor upholstered furniture. | |
| Hazardous Constituent | PFOA and PFOS added as “hazardous constituents” by the Solid and Hazardous Waste Commission. | |
| PPE | Seller notification requirements for PFAS-containing PPE. | |
| Connecticut | AFFF | Reporting, notification, and usage requirements. |
| Cleanup | Additional Polluting Substances (APS) criteria available for PFOA, PFOS, PFNA, PFHxS, and PFHpA. | |
| Consumer Goods | Restrictions on PFAS-containing apparel, carpets/rugs, cleaning products, cookware, cosmetics, dental floss, fabric treatment, juvenile products, menstruation products, textile furnishing, ski wax, or upholstered furniture. | |
| Release Reporting | Release reporting required for any release of liquid containing PFAS. | |
| Delaware | Cleanup | Hazardous Substance Cleanup Act Screen Levels include soil and groundwater screening level values for various PFAS. |
| Hazardous Substances | Policy adopted which classifies PFOA, PFOS, PFNA, PFHxA, PFHxS, PFBS, and GenX as “hazardous substances.” | |
| Florida | Cleanup | Provisional groundwater and soil cleanup target levels for PFOA and PFOS. |
| Georgia | AFFF | Usage and discharge requirements. |
| Hawaii | AFFF | Usage, notification, and manufacturer requirements. |
| Cleanup | Interim soil and groundwater Environmental Action Levels (EALs) for certain PFAS. | |
| Consumer Goods | Restrictions on PFAS-containing food packaging. | |
| Illinois | AFFF | Usage, notification, and manufacturer requirements. |
| Incineration | Bill to prohibit incineration of PFAS (with certain exceptions). | |
| Indiana | AFFF | Usage requirements. |
| Cleanup | Soil and groundwater screening levels for certain PFAS. | |
| Kentucky | AFFF | Usage requirements. |
| Cleanup | Remediation standards for PFOS, PFOA, PFNA, PFHxS, PFBS, and GenX, set equivalent to the U.S. EPA drinking water MCL. | |
| Louisiana | AFFF | Discharge and usage requirements. |
| Maine | AFFF | Discharge, notification, and reporting requirements. |
| Cleanup | Soil remedial action screening levels and water remedial action guidelines (RAGs) for PFBS, PFOS, PFOA, PFBA, PFHxS, PFHxA, and PFNA. | |
| Consumer Goods | Restrictions on PFAS-containing packaging, juvenile products, carpets/rugs/fabrics, fabric treatments, cleaning products, cookware, cosmetics, dental floss, menstruation products, textiles, ski wax, upholstered furniture, artificial turf, apparel, and pesticides. Prohibition of sale of any product containing intentionally added PFAS. . | |
| Hazardous Substances | Changed definition of “hazardous substances” to include CERCLA-regulated PFAS. | |
| Maryland | AFFF | Usage, discharge, and disposal requirements. Prohibition of intentionally added PFAS in Class B firefighting foam. |
| Consumer Goods | Restrictions on PFAS-containing playground surfacing materials, rugs/carpets, food packaging, furniture, mattress foam, and juvenile products. | |
| PPE | Seller notification requirements for PFAS-containing PPE. | |
| Massachusetts | AFFF | AFFF collection and destruction program. Manufacturer and notification requirements. |
| Hazardous Material | PFAS are considered “hazardous material” subject to the notification, assessment, and cleanup requirements. | |
| Michigan | AFFF | Discharge, usage, and reporting requirements. |
| Cleanup | Groundwater cleanup criteria established for PFOS, PFOA, PFNA, PFHxS, PFHxA, PFBS, and GenX. | |
| Minnesota | AFFF | Discharge and usage requirements. Prohibition of manufacturing and sale of PFAS-containing firefighting foam. |
| Cleanup | Risk Based Values (RBVs) for surface water, fish tissue, groundwater, and soil for PFBA, PFBS, PFHxS, PFHxA, PFOA, PFOS, and GenX. | |
| Consumer Goods | Restrictions on PFAS-containing carpets/rugs, cleaning products, cookware, cosmetics, dental floss, fabric treatments, juvenile products, menstruation products, textile furnishings, ski wax, upholstered furniture, pesticides/soil amendments, food packaging, and mattresses. | |
| Nevada | AFFF | Usage, discharge, and notification requirements. |
| Cleanup | Basic Comparison Levels (BCLs) have been derived for PFOS, PFOA, and PFBS. | |
| Consumer Goods | Restrictions on PFAS and additive organohalogenated flame retardants (OFR) used in textiles, juvenile products, mattresses, upholstered residential furniture, and Class B firefighting foams. | |
| New Hampshire | AFFF | Discharge and usage requirements. |
| Cleanup | Ambient Groundwater Quality Standards (AGQS) and Direct Contact Risk-Based Soil Concentrations for PFOA, PFOS, PFHxS, and PFNA. | |
| Consumer Goods | Restrictions on PFAS-containing carpets/rugs, cosmetics, textile treatments, menstruation products, food packaging, juvenile products, upholstered furniture, or textile furnishings. | |
| PPE | Seller notification requirements for PFAS-containing PPE. | |
| New Jersey | AFFF | Manufacturer requirements. |
| Cleanup | Ground Water Quality Standards (GWQS) for PFNA, PFOS, and PFOA. Interim Soil Remediation Standards for PFNA, PFOA, PFOS, and GenX. | |
| Hazardous Substance | Addition of PFOA, PFOS, and PFNA to list of “hazardous substances.” | |
| New Mexico | Cleanup | Preliminary screening levels in soil and tap water for PFOA, PFOS, PFHxS, PFBS, and PFNA. |
| New York | AFFF | Usage, notification, and incineration requirements. |
| Consumer Goods | Restrictions on PFAS-containing apparel, carpet, upholstered furniture, mattresses, juvenile products, and food packaging. | |
| Hazardous Substances | PFOS and PFOA classified as hazardous substances. | |
| North Carolina | Cleanup | Preliminary Soil Remediation Goals (PSRGs) for various PFAS. |
| Ohio | AFFF | Usage requirements. |
| Oregon | Consumer Goods | Restrictions on PFAS-containing cosmetic products, food containers, and juvenile products. |
| Pennsylvania | Cleanup | Groundwater and soil medium-specific concentration (MSC) for PFOA, PFOS, PFNA, PFHxS, PFBS, and GenX. |
| Rhode Island | AFFF | Discharge and usage requirements. |
| Consumer Goods | Restrictions on PFAS-containing food packaging and other consumer goods. | |
| Hazardous Substance | Added PFAS6 to definition of hazardous substances. | |
| Texas | Cleanup | Protective concentration levels (PCLs) set for various PFAS in groundwater and soil. |
| Utah | Cleanup | Definition of “contaminant” under the Voluntary Cleanup Program includes CERCLA hazardous substances and RCRA hazardous waste constituents, which now includes certain PFAS. |
| Vermont | AFFF | Discharge, usage, and manufacturer requirements. |
| Cleanup | Soil screening values for PFBS, PFHxS, PFNA, PFOS, and PFOA. | |
| Consumer Goods | Restrictions on PFAS-containing cosmetics, menstrual products, rug/carpet treatments, artificial turf, cookware, incontinency protection products, juvenile products, rugs/carpets, ski wax, textiles, and food packaging.
Inclusion of PFHxS, PFHpA, and PFNA on the list of chemicals of high concern to children. |
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| Hazardous Material | PFAS included under definition of “hazardous material”. | |
| Hazardous Waste | Liquid wastes containing PFOA or PFOS in certain concentrations are considered hazardous wastes. | |
| Virginia | AFFF | Discharge and usage requirements. |
| Washington | AFFF | Usage, notification, and manufacturer requirements. |
| Cleanup | Recommended soil and groundwater cleanup levels for PFOA, PFOS, PFNA, PFHxS, PFBS, and GenX. | |
| Consumer Goods | Restrictions on PFAS-containing stain/water-resistance treatments, carpets/rugs, leather/textile furnishings, and food packaging.
Inclusion of PFOA and PFOS to the list of chemicals of high concern to children. |
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| Dangerous Waste | Waste containing PFAS in certain concentrations is considered dangerous waste. | |
| Hazardous Substances | PFAS compounds qualify as “dangerous waste” and therefore, are considered hazardous substances. | |
| PPE | Notification for PPE containing PFAS. | |
| West Virginia | AFFF | Discharge and use requirements. |
| Wisconsin | AFFF | Usage, discharge, and notification requirements. |
| Cleanup | Soil Residual Contaminant Levels (RCLs) have been developed for PFOS, PFOA, and PFBS. | |
| Hazardous Substances | When discharged to the environment, PFAS compounds meet the definition of hazardous substances and/or environmental pollution under state statutes. |
ALL4 continues to track the regulatory movements and maintains an internal database of current state PFAS activity. ALL4 also offers a monthly PFAS regulatory tracker to our clients. If you have any questions or would like any additional information, please reach out to Kayla Nuschke at knuschke@all4inc.com or your project manager to discuss how ALL4 can support.
