PFAS In Soil: State Regulations

Summary

In the absence of enforceable federal standards for per- and polyfluoroalkyl substances ("PFAS") in soil, several states have started the process of regulating PFAS in soil themselves. These regulations have implications for due diligence, site investigations, and remediation decisions. This client alert explores the current landscape of state regulations regarding the advisory, notification, and cleanup levels for PFAS – most commonly perfluorooctane sulfonic acid ("PFOS") and perfluorooctanoic acid ("PFOA") – in soil.

Federal Regional Screening Levels

The United States Protection Agency ("EPA") has issued Regional Screening Levels ("RSLs") for numerous PFAS substances, and the levels for some of the most commonly regulated PFAS compounds are listed below. RSLs are advisory levels and are not enforceable limits, but both EPA and state agencies often use RSLs to investigate and characterize potential remediation sites.