New U.S. PFAS regulations may force sale restrictions for certain fertilizer products

Per- and polyfluoroalkyl substances (PFAS) are widely utilized for their stain- and waterproof properties in numerous products. However, the associations between PFAS exposure and serious health issues have led to substantial regulatory action internationally. This backdrop sets the stage for what the U.S. Environmental Protection Agency (EPA) will implement following the finalized drinking water standards for PFAS in 2024.

Under the new EPA guidelines, states are mandated to establish regulations that maintain PFAS levels at or below the determined federal standards within two years, accompanied by systematic monitoring and enforceable compliance measures. To support these efforts, states have been allocated $1 billion in federal funds to assist with testing and treatment procedures.

The regulatory landscape for PFAS has been contentious, particularly during the Trump administration, which saw the rollback of over 100 environmental regulations, including those impacting air, water, and toxic substances. The incoming chair of the Senate Environment and Public Works Committee, Shelley Moore Capito, has expressed skepticism regarding the scientific methods used to establish PFAS standards. This has led to several lawsuits from chemical companies and water utilities challenging the EPA’s science and its regulatory authority.

Despite these challenges, state governments are proactively addressing PFAS contamination. Thirty states along with the District of Columbia, led by their attorneys general, have filed lawsuits against PFAS manufacturers to seek compensation for water and environmental contamination. In 2024, 16 states passed new regulations related to PFAS, which include bans on the manufacture and sale of products containing these chemicals, ranging from everyday items like apparel and cosmetics to specialized products such as firefighting foam and artificial turf. These states have also allocated funds for environmental cleanup and testing, indicating a continued commitment to tackling PFAS issues.

Additionally, numerous PFAS-related bills have been introduced across 30 states, reflecting a concerted effort to regulate or mitigate PFAS impacts. Noteworthy initiatives include a Texas proposal to introduce criminal penalties for selling fertilizer products with PFAS levels above set limits, highlighting concerns over livestock health, and a Maine bill requiring health insurance providers to cover PFAS blood testing.

As the U.S. moves forward, the interplay between federal standards and state-level initiatives will be crucial in shaping the regulatory and public health landscape surrounding PFAS.