PFAS Regulations Diverge at State Level
Manufacturers face a complex and diverging regulatory landscape for PFAS, or “forever chemicals,” as state actions outpace federal rulemaking. In Georgia, a bill to grant liability protections to some downstream users was withdrawn, increasing litigation risk. Meanwhile, Colorado water authorities are proceeding with their own PFAS rule adoption timeline, highlighting ongoing uncertainty around the EPA's federal standards.
- The EPA's first national drinking water regulation for PFAS, finalized in April 2024, sets maximum contaminant levels for PFOA and PFOS at 4 parts per trillion. While public water systems must complete initial monitoring by 2027, the EPA has proposed extending the final compliance deadline from 2029 to 2031. - In March 2024, 3M's settlement of up to $10.3 billion with U.S. public water suppliers received final court approval, with payments to address PFAS contamination scheduled over 13 years. 3M also plans to cease all PFAS manufacturing by the end of 2025. - Major chemical manufacturers including DuPont, Tyco, and BASF are also part of settlements that bring the total recovery for public water systems to more than $13 billion. These funds are intended to compensate municipalities for the costs of testing, treatment, and remediation of drinking water sources. - Beyond product bans, states are implementing mandatory reporting requirements for manufacturers. For example, Minnesota's "Amara's Law" requires manufacturers to submit initial reports detailing their use of intentionally added PFAS in products by July 1, 2026, as part of a plan to phase out most PFAS uses by 2032. - New Jersey began prohibiting the sale and manufacture of PFAS-containing firefighting foam on January 8, 2026. Other states like New Mexico are phasing in comprehensive bans on PFAS in products like cookware, food packaging, and dental floss starting in 2027. - While the Georgia bill to shield downstream users from liability stalled, a separate Georgia bill, HB 1212, would create the "PFAS Removal and Remediation Promotion Act." It proposes a 50% excise tax on settlement proceeds intended for PFAS cleanup that are not used for that purpose within three years. - The SEC's climate disclosure rule, adopted in March 2024, requires public companies to report on material climate-related risks. This creates a new compliance layer, as significant PFAS liabilities and the costs of transitioning away from the chemicals could be deemed material risks requiring disclosure to investors.
