Processes & Considerations for Setting State PFAS Standards: Environmental Council of the States Updated Paper

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Environmental Council of the States (“ECOS”) announced the updating of a paper titled:

Processes and Considerations for Setting State PFAS Standards (“Paper”)

The Paper is authored by Sarah Grace Longsworth, Project Manager, ECOS, with support by and in conjunction with the ECOS PFAS Caucus.

ECOS describes itself as the national nonprofit, nonpartisan association of state and territorial environmental agency leaders.

Per- and polyfluoroalkyl substances (“PFAS”) consist of a large group of man-made chemicals. Their properties include resistance to heat, water, and oil. They have been described as persistent in the environment and resist degradation. Potential human exposure to PFAS include pathways through drinking water, air, or food.

The ECOS Paper notes federal, state, and international activity that has in recent years established various health-based regulatory values and evaluation criteria for a number of PFAS. This activity is stated to be a response to increase in concerns with contamination.

State interest in establishing values is potentially heightened because the United States has no federally enforceable PFAS standards. As a result, some states have developed and/or are planning to develop PFAS contamination standards.

The state standards vary in:

  • Legally enforceable values on certain PFAS
    • Drinking water
    • Groundwater
    • Surface water
    • Soil
    • Other environmental media
  • Nonenforceable values such as:
    • Guidance levels
    • Screening numbers
    • Advisories

ECOS notes that in 2019 it compiled information on state PFAS standards, advisories and guidance values. The updated Paper is stated to outline the organization’s subsequent findings on state efforts and considerations for future regulatory activities on PFAS.

Key chapters in the Paper include:

  • Overview of States’ PFAS Guidelines
  • Legislative Considerations
  • Risk Assessment
  • Risk Management
  • State Agency Reports on PFAS Guidelines
  • Appendix A: State Drinking Water PFAS Guideline Criteria
  • Appendix B: State Groundwater PFAS Guideline Criteria
  • Appendix C: State Surface Water PFAS Guideline Criteria
  • Appendix D: State Soil PFAS Guideline Criteria
  • Appendix E: State Air PFAS Guideline Criteria
  • Appendix F: State Fish and Wildlife Consumption PFAS Guideline Criteria

A copy of the Paper can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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