MassDEP Issues Decision on PFAS Petition While Feds Reportedly Will Punt

Dianne R. Phillips is a Partner in Holland & Knight's Boston office

On Jan. 28, 2019, the Massachusetts Department of Environmental Protection (MassDEP) issued its response to the "Petition for Rulemaking to Establish a Treatment Technique Drinking Water Standard for Per- and Polyfluoroalkyl Substances" filed by Conservation Law Foundation (CLF) and the Toxics Action Center pursuant to MGL c. 30A, § 4 and 310 CMR 2.00. As described in a prior blog post, the petitioners seek adoption of a treatment technique standard for drinking water which is protective of the public, which petitioners believe should be 1 part per trillion (ppt) for each PFAS compound as a class. Alternatively, they request MassDEP to immediately adopt an enforceable standard of 20 ppt (similar to Vermont) for the sum of the five PFAS compounds for which MassDEP has already issued guidance albeit at 70 ppt. Lastly, petitioners seek increased transparency, community involvement and