PFAS Update: Current State-by-State Groundwater Regulations

In the absence of federal cleanup standards for per- and polyfluoroalkyl substances ("PFAS") in groundwater, several states have started the process of regulating PFAS in groundwater themselves.  As a result, states have adopted a patchwork of regulations and guidance standards which presents significant compliance challenges to impacted industries.  This client alert explores the current landscape of state regulations regarding the guidance, notification, and cleanup levels for PFAS – typically perfluorooctane sulfonic acid ("PFOS") and perfluorooctanoic acid ("PFOA")  – in groundwater.

Federal Health Recommendations and Advisory

Although no legally binding standards have been issued at the federal level, the United States Environmental Protection Agency ("EPA") has issued two influential documents:  (1)  Interim Recommendations to Address Groundwater Contaminated with PFOA and PFOS; and (2) a  Lifetime Drinking Water Health Advisory Level of 70 ppt for