Illinois is now the most recent state to take steps to address PFAS in drinking water. The Illinois Environmental Protection Agency (Illinois EPA) recently released non-enforceable Health Advisory Levels (HAL) for four different PFAS, including PFOA (one of the more prevalent and widely studied type of PFAS). Although a non-enforceable guidance level, Illinois EPA’s HAL for PFOA is among the lowest standards in the country at 2 parts per trillion (ppt), well below the 70 ppt HAL set by the U.S. Environmental Protection Agency.
What does this mean for Illinois businesses? Expect that Maximum Contaminant Levels will be promulgated by the State in the future, which may be more stringent than federal standards and include other types of PFAS besides PFOA and PFOS. In the HALs, Illinois EPA reiterated that “[t]his information is critical to future efforts to set drinking water standards for PFAS compounds.” For example, Vermont, New Jersey and Michigan have all set enforceable state drinking water standards for PFAS at levels much lower than 70 ppt. For details on the HALs set by Illinois EPA, click here to read our article published in the Illinois State Bar Association Environmental Law Newsletter.