Rules, Regulations, and Laws
- PFAS Consumer Product Regulations
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In 2019, the Washington State legislature authorized the Department of Ecology, in consultation with Washington State Department of Health (DOH), to restrict PFAS and other harmful chemicals in consumer products under the Safer Products for Washington program. This allowed us and our partners at Ecology to start identifying consumer products containing PFAS, find safer alternative products and chemicals to use, and regulate PFAS in consumer products now and in the future. The Safer Products for Washington program protects you and your family’s health by:
- Testing everyday consumer products for toxic chemicals, including PFAS chemicals.
- Placing bans on companies selling certain products with intentionally added PFAS and other toxic chemicals.
- PFAS Drinking Water Rules and Regulations
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In April 2024, the U.S. Environmental Protection Agency (EPA) set new drinking water safety regulations for PFAS. These regulations, called “Maximum Contaminant Levels” (MCLs), limit how much of a chemical can be in drinking water. They are enforceable.
Maximum Contaminant Levels PFAS Chemical Maximum Contaminant Level (MCL) (in parts per trillion) PFOA 4.0 ppt PFOS 4.0 ppt PFNA 10 ppt PFHxS 10 ppt HFPO-DA (“GenX” chemicals, which have not been found yet in our state) 10 ppt Mixture of 2 or more: PFNA, PFHxS, HFPO-DA, and PFBS Hazard Index of 1* *The “Hazard Index” is an EPA approach to calculating health risks when we’re exposed to multiple chemicals at the same time. Each chemical amount is compared to its safety level and added with other PFAS chemicals compared to their safety level, to make sure the total levels are low enough to protect health.
Starting in April 2029, federally regulated public water systems that serve at least 25 of the same people for more than 180 days per year must ensure PFAS levels are lower than the MCLs for the 6 types of PFAS chemicals EPA included in the list. This is calculated by using the average PFAS levels for the entire year. Water systems must keep the yearly average of each PFAS below the MCL.
Public water systems in Washington test for PFAS at least one time every 3 years. They have to test more often if they find any PFAS.
For more information on the MCLs, visit Per- and Polyfluoroalkyl Substances (PFAS), US EPA.
Impact on Public Water Systems
Public water systems cannot have PFAS higher than the MCLs on average each year. This means that by 2029, no federally regulated public water systems that regularly serve the same people can have average PFAS levels higher than the MCLs.
If these water systems find any amount of PFAS chemicals in their water, they must tell customers in their annual consumer confidence report.
Water systems that find PFAS levels higher than at least one of our State Action Levels (SALs) (see table below) are required to tell their customers within 30 days of a confirmed detection. Beginning in late April 2029, EPA requires water systems to tell their customers when average PFAS levels are above an MCL.
We work with water systems with PFAS higher than a SAL or MCL to help them find ways to make the water safe to drink long-term.
To find out if your water system has tested for PFAS chemicals, call the number on your water bill or visit our PFAS water system testing dashboard at Drinking Water PFAS Testing Results Data. You can also search for your water system’s contact information on the internet.
PFAS Chemical Washington State Action Level (SAL)
in parts per trillionPFOA 10 ppt PFOS 15 ppt PFNA 9 ppt PFHxS 65 ppt PFBS 345 ppt - Washington State Healthy Environment for All Law (HEAL Act)
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The Healthy Environment for All Act (HEAL Act) was passed in 2021 and is Washington’s first state law that defines environmental justice. The HEAL Act establishes a coordinated approach for state agencies to reduce environmental and health disparities in Washington and improve the health of Washington state residents. The law also requires agencies to develop and implement a community engagement plan when working on environmental health issues with fair and meaningful involvement for all. Seven agencies must comply with the HEAL Act:
- Washington State Department of Health
- Washington State Department of Agriculture
- Washington State Department of Commerce
- Washington State Department of Ecology
- Washington State Department of Natural Resources
- Washington State Department of Transportation
- Puget Sound Partnership
Other state agencies can voluntarily comply with the HEAL Act.
- Environmental Justice Council
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The HEAL Act also created the Environmental Justice Council to advise state agencies on incorporating environmental justice into agency activities. More information on the Environmental Justice Council.
Common Scenarios Your Agencies May Be Involved In
Because PFAS are in so many different consumer products and environments we interact with, which agency takes the lead on addressing PFAS issues depends on the situation. See the list below for common scenarios government agencies are involved in:
- PFAS in Public Water Systems
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Contact: your public water system or DOH’s Office of Drinking. Look for your water system’s contact information on your water bill, or look it up on the internet.
Other agencies that may be involved: your local health jurisdiction, Washington State Department of Ecology, and Washington State Department of Agriculture.
- PFAS in Private Wells and Group B Water Systems
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Contact: your local health department.
Other agencies that may be involved: Washington State Department of Health, Washington State Department of Ecology, your local public water system, Washington State Department of Commerce.
- PFAS in Lake and River Fish
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Contact: your local health department. Check DOH’s Fish Advisory Page.
Other agencies that may be involved: Washington State Department of Health, Washington State Department of Ecology, Washington Department of Fish and Wildlife, United States Environmental Protection Agency, United States Geological Survey, Tribal Governments.
- PFAS in Saltwater Fish and Shellfish
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Contact: your local health department. Check DOH’s Fish Advisory Page.
Other agencies that may be involved: Washington Department of Fish and Wildlife, Washington Department of Natural Resources, Washington State Department of Ecology, United States Environmental Protection Agency, Washington State Department of Health, and Tribal Governments
- PFAS in Commercially Produced Food Products
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Contact: Washington State Department of Agriculture (foodsafety@agr.wa.gov or 360-902-1876)
Other agencies that may be involved: Washington State Department of Health, United States Food and Drug Administration, and United States Department of Agriculture.
- PFAS at Contaminated Sites
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Contact: Washington State Department of Ecology (for state sites).
Other agencies who may be involved: United States Environmental Protection Agency (for federal facilities, like military bases).
- PFAS in Biosolids
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Contact: Washington State Department of Ecology.
Other agencies who may be involved: Washington State Department of Agriculture, your local health department, and Washington State Department of Health.