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April 2024 PFAS Legislative Developments
Wednesday, May 8, 2024

Federal Legislature

  • Three new bills were introduced.

Federal Regulations

  • On April 19th, the EPA released a final regulation designating PFOA and PFOS as hazardous under the nation’s Superfund law, the latest in a series of steps aimed at dealing with the ubiquitous and highly toxic substances. The EPA says this designation “will allow EPA to utilize all CERCLA’s authority, which will enable EPA to address more sites, take earlier action and to expedite eventual cleanup.”
  • PFAS National Primary Drinking Water Regulation: the EPA is finalizing drinking water regulations for these six PFAS: PFOA, PFOS, PFHxS, PFNA, HFPO-DA, PFBS. Through this action, the EPA is finalizing MCLGs for PFOA and PFOS at zero. Considering feasibility, the EPA is promulgating individual Maximum Contaminant Levels (MCLs) for PFOA and PFOS at 4.0 nanograms per liter (ng/L) or parts per trillion (ppt). The EPA is also finalizing individual MCLGs and is promulgating individual MCLs for PFHxS, PFNA, and HFPO-DA at 10 ng/L. In addition to the individual MCLs for PFHxS, PFNA, and HFPO-DA, in consideration of the known toxic effects, dose additive health concerns and occurrence and likely co-occurrence in drinking water of these three PFAS, as well as PFBS, the EPA is finalizing a Hazard Index (HI) of 1 as the MCLG and MCL for any mixture containing two or more of PFHxS, PFNA, HFPO-DA, and PFBS. This final rule is effective on June 25, 2024.

State Legislature

  • Twenty two bills were introduced.
  • Eight states introduced bills.
  • Notable topics the legislature addressed include phased PFAS bans and appropriations for projects related to PFAS mitigation.

State Regulations

  • No notable developments in state regulations

New Bills This Period

PFAS Legislation

Federal

  • Three bills introduced.

State

  • Twenty two (22) bills introduced.
  • Two (2) in MA.
  • One (1) in MI.
  • Twelve (12) in MN – Appropriations.
  • One (1) in NJ.
  • Two (2) in NY.
  • One (1) in NC.
  • One (1) in PA.
  • Two (2) in WI.
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