This year, more than a dozen state laws and regulations about the use of PFAS chemicals will go into effect, and another 33 are expected to consider more than 275 policies addressing toxic chemicals and plastics. That’s according to environmental health coalition Safer States, which released a new report analyzing state policy addressing the use of toxic chemicals such as PFAS, which are also known as “forever chemicals” due to their persistence in the environment.
Laws and regulations calling for more transparency around the use of forever chemicals will go into effect this year in Connecticut, Minnesota, Oregon, Rhode Island and Washington, where the rule applies specifically to reporting forever chemicals used in apparel, footwear and travel gear.
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Bans and safer solution regulations will go into effect this year in California, Colorado, Maine, New York, Vermont, Washington, Michigan and New Jersey. Vermont’s ban includes the use of PFAS in clothing and textiles, while one of Washington’s three regulations applies to leather and textiles used in furniture. Many of these laws regulate chemical classes rather than addressing one chemical at a time.
“State policymakers are responding to what communities already know and what they need. Toxic chemicals and plastics are contaminating our lives without our consent,” said Sarah Doll, national director of Safer States. “The good news is that this harm is preventable. The protections taking effect this year show what strong, health-centered leadership can achieve and why state action is as important as ever.”
In addition, 31 states—Alaska, Arizona, Connecticut, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Utah, Vermont, Virginia, Washington, West Virginia and Wisconsin—are expected to consider this year policies addressing the use of PFAS. Those policies range from outright bans to water standards, sludge spreading restrictions and cleanup funding.
According to the Safer States report, 24 states have adopted a common, scientifically grounded definition of the class of forever chemicals. PFAS refers to a class that covers multiple chemicals, some of which have been linked to adverse health effects from exposure, such as birth defects and cancer. PFAS chemicals have been commonly used to provide water, oil and stain resistance to a number of products, including apparel and footwear.
So far, most regulation of these chemicals has come at the state level. In January, House Energy and Commerce Committee Chair Brett Guthrie (R-Ken.) and Environment Subcommittee Chair Gary Palmer (R-Ala.) released a draft bill that would roll back key provisions of the nation’s chemical safety law—the Toxic Substances Control Act (TSCA). According to Safer States, that provisions within that proposal would weaken Environmental Protection Agency authority to restrict harmful chemicals, shortcut safety reviews for new chemicals and roll back federal actions that reduce exposure to harmful chemicals.
Nearly 350 state legislators from across the nation have signed letters urging Congress not to move forward with this legislation.
“While Congress considers weakening federal protections under TSCA, Rhode Island is stepping up because families shouldn’t have to find out after the fact that harmful chemicals were allowed into their food, water, or products,” said Rhode Island State Representative June Speakman. “These policies put health first and give businesses clear rules for moving toward safer alternatives.”
Safer States’ analysis also found that in addition to regulating PFAS, some states are also moving toward legislation or new policies regarding plastics, particularly microplastics, which have become a major environmental problem. According to the report, 18 states—Alaska, California, Georgia, Hawaii, Illinois, Maryland, Massachusetts, Maine, Minnesota, North Carolina, New Jersey, New York, Oklahoma, Pennsylvania, Rhode Island, Utah, Vermont and Washington—are expected to take action against toxic chemicals beyond PFAS and plastics.
Proponents of these policies hope that state-level regulations will lead to broader action against PFAS, other toxic chemicals and plastics going forward.
“Within the U.S., companies usually do not create state-specific products. When state standards change, national supply chains often change too,” said Cheri Peele, director of government and market policy at Toxic-Free Future. “By setting clear, health-based standards on PFAS, bisphenols, and other toxic chemicals, states are driving safer products nationwide, not just within their state borders.”
