Patchwork of state-level chemical regulations: what businesses need to know

The evolving landscape of chemical regulations in the United States (U.S.) presents significant challenges for businesses, particularly those operating across multiple states.

Regulations enacted by the U.S. Environmental Protection Agency (U.S. EPA) and other federal agencies create standards, criteria and guidelines that apply to the entire country and are intended to create consistency, protecting the environment across the country. Commonly, individual states take the lead of the U.S. EPA in establishing state level standards or merely just defer to Federal regulations. As federal chemical regulations become increasingly uncertain, individual states are proactively developing their own standards to address the presence of chemicals in the environment. Given the unique circumstances in each state, these tailored regulations aim to better protect local ecosystems and public health. This changing regulatory landscape underscores the necessity for businesses to navigate both federal mandates and a diverse array of state-specific requirements to ensure compliance and protect public health.

State environmental regulations are set by individual states and can vary significantly. Generally, federal environmental regulations set the baseline for environmental protection, and states can either adopt these standards or implement stricter measures based on their specific needs. Before national drinking water standards (i.e., Maximum Contaminant Levels (MCLs)) were established, the allowable concentration of per- and polyfluoroalkyl substances (PFAS) in drinking water varied significantly across states, with each state employing different strategies. For example, some states use a lump sum method and provide a single value for the combined level of certain PFASs compounds, where some states use MCLs for individual PFAS compounds. Some states had strict limits (e.g., New Jersey and Massachusetts), while others followed federal guidance.

Safer States, a national alliance of environmental health organizations and coalitions from across the nation that tracks US chemical regulations, has estimated at least 32 states and the District of Columbia will collectively likely consider more than 300 policies addressing toxic chemicals in products such as PFAS, plastics, and cosmetics as well as other toxic pollution issues including PFAS discharge and sludge limits.

As new federal regulations are paused and existing ones may be rescinded or not enforced, states are stepping up to lead the way in enacting new regulations. For PFAS, Maine lawmakers have introduced a bill to set PFAS limits in food; California lawmaker has introduced a bill to adopt the current PFAS MCLs as state drinking water standards; and Maryland lawmakers have introduced a bill (based on the U.S. EPA PFAS biosolid risk assessment study) that would limit the concentration of PFAS in sewage sludge utilization permits. States are also introducing legislation to address plastic pollution, including bans on microbeads, restrictions on single-use plastics, and requirements to evaluate drinking water.

Uncertainty of chemical regulation by the Federal government, particularly on PFAS, will result in a patchwork of regulations/guidelines that will likely vary from state-to-state. The patchwork of state regulations will necessitate businesses operating in multiple states develop and implement systems to stay abreast of varying regulations and ensure compliance with state-specific criteria. Companies with facilities in different states might implement different environmental practices at each location to ensure compliance with state regulations. For instance, waste disposal methods could vary depending on the state’s hazardous waste laws.

Businesses located in different states often must navigate varying environmental regulations, which can sometimes be complex and even conflicting. Since environmental regulations can change over time, businesses need to be adaptable. Our dedicated specialists stay informed about state-specific environmental regulations aided by our national coverage and regional focus. They assist businesses in understanding and complying with each state's unique standards, covering areas such as air and water quality, as well as waste management.

Businesses located in different states often must navigate varying environmental regulations, which can sometimes be complex and even conflicting. Since environmental regulations can change over time, businesses need to be adaptable. Our dedicated specialists stay informed about state-specific environmental regulations aided by our national coverage and regional focus. They assist businesses in understanding and complying with each state's unique standards, covering areas such as air and water quality, as well as waste management.