Insights

Alert: Massachusetts Department of Environmental Protection Issues Draft PFAS Regulations

The Massachusetts Department of Environmental Protection has issued for the first time draft perfluoroalkyl and polyfluoroalkyl substances (PFAS) regulations. The regulation of PFAS is a significant issue for property owners, industrial operators, and water suppliers.

PFAS chemicals have been used since the 1950s in the manufacture of water-resistant and non-stick products. Until recently, PFAS chemicals have not been subject to regulation. The United States Environmental Protection Agency is considering PFAS standards for drinking water and hazardous waste site cleanup. In the absence of federal regulation, individual states have adopted a range of standards.

Proposed revisions to the Massachusetts Contingency Plan include a PFAS reportable concentration and cleanup standard. The proposed cleanup standard for possible drinking water areas is 20 parts per trillion. The proposed standard is more stringent than the current non-binding state drinking water guideline and federal drinking water health advisory levels of 70 parts per trillion. A state drinking water standard is expected to follow.

The proposed regulations are subject to notice and comment. Public hearings are scheduled for May and the initial comment period ends on July 19. Final regulations are expected to issue in the fall of 2019.

 

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