Although the Federal Environmental Protection Agency issued its PFAS Action Plan on February 14, 2019 (see our March 27, 2019, client alert), many states have expressed frustration with EPA’s proposed plan and have started the process of regulated PFAS in drinking water themselves. As a result, states have adopted a patchwork of regulations and standards that present significant challenges to impacted industries. This client alert focuses on the different state regulations regarding the guidance, notification, and cleanup levels for PFAS – typically PFOA and PFOS – in drinking water.

This snapshot of state drinking water regulations below is being provided, in part, to assist businesses in evaluating their PFAS risk and strategy in two contexts: (a) acquisition due diligence, and (b) to determine whether existing facilities with legacy contamination might benefit from proactive remediation in limiting any potential liability.1