Evolving PFAS Legislation for Water 2024| ReSolve

ReSolve, a program launched by Clean Earth, recognizes the growing concern of per- and poly-fluoroalkyl substances (PFAS) and is committed to finding innovative solutions to treat and remediate them. Harnessing Clean Earth’s national reach, knowledgeable team and customized approach, ReSolve offers its customers the ability to reduce risk and attain environmental excellence in more ways than one.

PFAS have a high affinity for water and often have a final resting place in water, snow, and rain. As the US EPA continues to develop federal PFAS regulations, many states have decided to pursue their own PFAS regulations. These state efforts, at least for the short to medium term, will cause a patchwork of inconsistent regulations and will make compliance more difficult for companies operating in or selling into multiple states. Clean Earth will continue to provide news, updates and guidance on regulations pertaining to PFAS-contaminated water as we all address this environmental challenge.

Illinois – SB 1696: PFAS Reduction in Wastewater

This amends the PFAS Reduction Act and requires the Illinois Environmental Protection Agency (Agency) to adopt rules that require: (1) the owner or operator of each landfill in the State to establish and implement a plan to identify and address PFAS-contaminated leachate that is generated at the landfill before it migrates off site or is sent off-site for treatment or disposal and (2) the owner or operator of each wastewater treatment facility in the State to establish and implement a plan to treat PFAS-contaminated wastewater prior to its discharge from the facility. Additionally, the Illinois Environmental Protection Agency is required to follow the most up-to-date guidance from the United States Environmental Protection Agency on controlling the discharge of PFAS. The Agency must establish a PFAS monitoring plan focusing on: monitoring PFAS-contamination at solid waste, wastewater, and stormwater facilities, hazardous waste landfills, and facilities with air emissions; gathering State-specific information in order to craft effective policies around PFAS; identifying areas of particular concern due to PFAS concentrations or routes of exposure that need quick action; and gathering data that galvanizes support for PFAS source reduction and pollution prevention. The Illinois Legislature adjourned on May 27, 2023, and is scheduled to reconvene in 2024.

Rhode Island – HB 5861: An Act Relating to Waters and Navigation - PFAS In Drinking Water, Groundwater, and Surface Water

This measure provides that if PFAS contaminants exceed the interim drinking water standard, the Rhode Island Department of Health must enter into a consent agreement with a public water supply system requiring dates for the submittal of construction plans and specifications, prepared and stamped by a professional engineer to implement treatment or another remedy to reduce the levels of PFAS contaminants in the drinking water. If the Department has not approved a consent agreement within 180 days, the director may take any and all action necessary to obtain compliance. Current law provides that, starting January 1, 2024, no food package to which PFAS has been intentionally introduced during manufacturing or distribution may be offered for sale or promotional purposes. The measure provides that the prohibition will instead begin on July 31, 2024.

Virginia – HB 2189: Requirements to test for PFAS; publicly owned treatment works; discharges into state waters

This measure would require industrial users of publicly owned treatment works that receive and clean, repair, refurbish, or process items that are known or should reasonably be known to contain PFAS to test waste streams for PFAS prior to and after cleaning, repairing, refurbishing, or processing such items. The measure has been signed by Governor Glenn Youngkin (R) and became effective on July 1, 2023.

Leveraging Clean Earth’s 30 years of expertise in environmental solutions, ReSolve is poised to develop long-term, sustainable solutions for PFAS.

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