Delaware lawmakers pass regulations governing harmful PFAS chemicals
In a move to protect public health, Delaware lawmakers have unanimously passed legislation aimed at reducing Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) in public drinking water. This legislation, which is set to take effect before federal regulations imposed by the U.S. Environmental Protection Agency (EPA), sets Delaware apart as a leader in addressing PFAS contamination.
The EPA has proposed to roll back certain PFAS restrictions and extend the compliance deadline to 2031. However, Delaware's new regulations are more stringent and will be implemented sooner, providing a stronger safeguard for the state's residents. The legislation establishes limits for two types of PFAS - Perfluorooctanoic acid (PFOA) and Perfluorooctanesulfonic acid (PFOS) - at 21 parts per trillion (ppt) and 14 ppt, respectively. These limits are significantly lower than the federal guideline of 70 ppt and much less than the EPA’s stringent 4 ppt Maximum Contaminant Levels (MCLs).
While the EPA has rescinded and reconsidered regulations for four other PFAS compounds, Delaware intends to maintain a protective approach. The legislation requires drinking water providers to reduce three other types of PFAS - Perfluorohexanesulfonic acid (PFHxS), Perfluorononanoic acid (PFNA), and Hexafluoropropylene oxide dimer acid (GenX) - to 10 parts per trillion.
The contamination in Delaware is associated with the National Guard's use of firefighting foam on a base at the Wilmington Airport in New Castle, which has resulted in high levels of PFHxS in the blood of residents nearby. PFHxS, like other PFAS, has been linked to serious health problems, including some cancers, thyroid disease, developmental delays in children, and other health conditions.
The new regulations in Delaware will require water providers to begin testing for PFAS next year, a year sooner than federal requirements. The aim is to reduce PFAS chemicals to almost zero by 2029. PFAS have been detected across the state, including in cities like Dover and Blades, as well as in rivers and streams.
There are concerns about the costs associated with PFAS legislation for smaller drinking water providers. To help alleviate these costs, the federal government has allocated $9.8 million to fund PFAS treatment in small Delaware communities. Water providers would also be required to notify rate payers if their drinking water contains PFAS.
The Trump administration has threatened to weaken federal PFAS regulations, but Delaware's proactive approach underscores the state's commitment to protecting its residents from the harmful effects of PFAS contamination. The legislation now heads to Democratic Gov. Matt Meyer to sign into law. With at least 100 small neighborhoods in rural Delaware operating their own water systems, the state's swift action will have a significant impact on the health and safety of its citizens.
The new environmental-science focused legislation in Delaware will not only set stricter PFAS limits than federal guidelines, but also require water providers to test for these harmful chemicals earlier, with the aim of almost entirely removing them by 2029. Despite the Trump administration's proposal to weaken federal PFAS regulations, Delaware's proactive approach in climate-change and environmental-science policy underscores its political commitment to protecting its residents from PFAS contamination.
