This morning, Inside EPA reports on the
challenges the regulated community faces because the Federal
Government is considerably behind several states in the race to
regulate any number of the hundreds if not thousands of
"forever chemicals" known generically PFAS.
The former EPA official quoted is absolutely correct that,
generally speaking, the regulated community prefers one standard to
many standards. Who wouldn't? But, when it comes to
PFAS, more than a dozen states have already acted and those who
might hope that Congress will preempt what those states have
already decided in favor of Federal answers to the same questions
certainly don't have history on their side.
We know that nearly all Federal environmental requirements are
floors, not ceilings, with the States free to impose more stringent
requirements. PFAS are unlikely to be an exception to this
rule. That doesn't mean the Federal government should
throw up its hands. States may choose to defer to