Massachusetts Legislature publishes report on PFAS in the Commonwealth

The Massachusetts State Legislature’s PFAS Interagency Task Force, led by co-chairs Representative Kate Hogan and Senator Julian Cyr, has published its report on per- and polyfluoroalkyl substances (PFAS) in the Commonwealth. The report offers an expansive review of PFAS in the Commonwealth and legislative and regulatory action to address the issue of PFAS. The report is a culmination of nine hearings held by the Task Force, which convened researchers, advocacy groups, community members, municipal officials, state agencies, public water systems, legislators, and other stakeholders and experts on the issues surrounding PFAS. 

  

“Addressing public health and environmental concerns is an urgent issue for these times,” said Rep. Kate Hogan (D-Stow). “As legislators, we first learned about PFAS when the chemicals were detected in the drinking water supplies of several towns we represent. As our communities grappled with the aftermath of PFAS detection, it became clear that municipalities alone could not shoulder the significant challenges of remediating PFAS in drinking water. We also saw the need for a consistent approach to mitigating and remediating PFAS contamination that could leverage best practices and shared resources.” 

 

 

“The use of PFAS has grown rapidly since it was first developed in the mid-20th century; we now know that the widespread application of these ‘forever chemicals’ has resulted in contamination of our waters and environment, and poses a risk to human health,” said State Senator Julian Cyr (D- Truro). “There is an urgent need to move swiftly to phase out PFAS usage and attenuate a myriad of environmental and public health impacts. This report provides vital, detailed recommendations to regulate and mitigate PFAS in Massachusetts. I am proud to have worked alongside Speaker Pro Tempore Kate Hogan and the members of the task force to formulate this comprehensive roadmap to tackle PFAS contamination and its ramifications in the years to come.” 

  

“Our cities and towns are spending millions of dollars to protect our residents and the environment from the serious risks posed by these toxic ‘forever’ chemicals,” said Massachusetts Attorney General Maura Healey. “Today’s comprehensive report sets Massachusetts on track to address contamination and prevent future exposures, including support for our local fire departments as they face the dangers of PFAS every day. We need to tackle this multifaceted threat from all sides, and my office has been proud to participate on this Task Force dedicated to protecting our communities. I thank co-Chairs Representative Kate Hogan and Senator Julian Cyr for leading these critical efforts, and look forward to continuing to work with the Legislature and our involved agencies to help implement the recommendations in the PFAS Task Force Report.” 

 
 

Often called ‘forever chemicals,’ PFAS are a class of chemicals known for their environmental persistence and are used in a wide range of industrial applications and consumer products including firefighting turnout gear. As a result of PFAS contamination in water supplies, consumer products, air, and other exposure pathways, CDC estimates most U.S. residents have PFAS in their blood. The Task Force Report examines the extent and cost of PFAS contamination in water supplies, health and environmental impacts, sources of contamination, and recommendations for regulating and mitigating PFAS in the Commonwealth. 

  

“The health concerns associated with PFAS exposure are very real for communities, residents, and the firefighters who protect them,” said Peter J. Ostroskey, State Fire Marshal. “With occupational cancer a deadly serious issue in the fire service, the adoption of these recommendations would allow us to expand our prevention efforts and help local fire departments stay ready for any emergency without putting the public or their personnel at risk.”  

  

“The PFAS Interagency Task Force, its members and those who contributed testimony, provided an excellent record of the implications of the continued use of products containing PFAS, both to human health and the contamination of the environment,” said Rebecca Weidman, Director of Environmental and Regulatory Affairs, Massachusetts Water Resources Authority. “The Task Force’s recommendations are timely and important in the Commonwealth’s efforts to address PFAS more holistically.”  

  

“The Task Force report represents an important step in controlling exposure to these man-made chemicals,” said David Reckhow, Research Professor, UMASS Amherst Department of Civil and Environmental Engineering. “We need to continue our investigations of PFAS so that we better understand their occurrence, but we also need to act now to stop the flow of these compounds into the environment. It is important to remember that the current list of 6 perfluorinated compounds represents the tip of the iceberg.  We need to develop methods and implement strategies to control all PFAS. The Task Force recommendations are intended to move us in this direction”  

  

While the federal government has not yet established an enforceable standard for PFAS in drinking water, Massachusetts has established a maximum contaminant level of 20 parts per trillion for six PFAS. The Massachusetts Department of Environmental Protection (MassDEP) has been testing public water systems and private wells to assess PFAS contamination. MassDEP is also identifying sites with known or suspected releases of PFAS. Given the financial burden on many impacted communities to address PFAS contamination, the state has allocated funding for a variety of PFAS-related activities, including testing and remediation projects. 

  

“It is critical that public health and environmental regulatory agencies and their programs be empowered with resources consistent with their regulatory authority, particularly as it relates to new and emerging environmental health threats, to most effectively protect the health of all of the Commonwealth’s residents,” said Suzanne Condon, former Associate Commissioner, Massachusetts Department of Public Health. “I believe the PFAS Interagency Task Force recognized this in the report that is published today. Importantly, the recommendations propose both regulatory measures to reduce exposure to PFAS and resource support for state agencies carrying out this work and for communities impacted by PFAS contamination.”  

  

“Mass Water Works Association appreciated participating in the Task Force and sharing the extreme challenges water systems across the state are facing with PFAS contamination of water sources,” said Jennifer Pederson, Executive Director of Massachusetts Water Works Association. “This report represents an important step in documenting the problem and identifying solutions. Now the Commonwealth must work quickly to identify funding to assist our water systems and their ratepayers in paying for remediation efforts.”  

After careful consideration of the challenges of PFAS contamination, best practices for mitigation, and gaps in research and regulation, the Task Force makes 30 recommendations, categorized under the following eight strategies, to protect public health and the environment from PFAS contamination. 

 
 Fund PFAS Detection and Remediation 

The Task Force recommends appropriating funds for state agencies to conduct PFAS testing in water supplies and the environment to accurately assess the extent of PFAS contamination, to conduct investigations in sites with known or suspected PFAS releases to identify sources of contamination, and to provide financial and technical assistance to homeowners, municipalities, and public water systems for PFAS remediation projects.  

 
 Support Environmental Justice Communities 

The Task Force recommends providing additional support to communities with minority, low-income, tribal or indigenous populations through loan forgiveness for PFAS remediation projects and community outreach. 

 
 Phase Out PFAS in Consumer Products 

The Task Force recommends reducing PFAS exposure and contamination by regulating the sale of consumer products that contain intentionally added PFAS. This includes phasing out the sale of these products by 2030, identifying priority products for an earlier phase-out, and implementing disclosure and labeling requirements. Priority products could include textiles, food packaging, and children’s products. 

 
 Expand PFAS Regulation  

The Task Force supports efforts by MassDEP to review its drinking water standards over the next two years and to consider establishing limits to PFAS in effluent for industrial wastewater and groundwater permits. The Task Force recommends defining PFAS as a class for the purposes of consumer product regulation. 

 
 Encourage Private Well PFAS Testing and Remediation 

The Task Force encourages municipalities to institute a PFAS testing requirement during transfers of property with a private well and with new well permits. The Task Force recommends establishing a loan program and identifying strategies to lower the cost of PFAS testing and remediation for homeowners. 

 
 Support Firefighters and Local Fire Departments 

The Task Force recommends reducing the use of aqueous film-forming foams (AFFF) that contain PFAS by collecting and disposing of stocks of AFFF, decontaminating storage facilities and equipment, and purchasing fluorine free foam. In instances where AFFF is required for emergency responses, the state could require fire departments to report releases of AFFF and take steps to minimize potential environmental impacts. Due to the use of PFAS in firefighter turnout gear, the Task Force recommends reviewing standards for turnout gear and identifying efficacious alternatives to PFAS.  

 
 Address PFAS Contamination Accountability 

The Task Force recommends evaluating potential claims against PFAS manufacturers to seek remediation costs and other damages for PFAS contamination. MassDEP could work with the U.S. Department of Defense to conduct PFAS testing and initiate PFAS removal actions when PFAS levels in drinking water exceed the Massachusetts maximum contaminant level. 

 
 Enhance Public Awareness of PFAS 

The Task Force recommends building upon existing efforts to conduct public education and awareness campaigns around PFAS contamination and state efforts to address PFAS, and to provide guidance to health care providers about how best to assess and discuss PFAS exposure and health risks with patients. 

 

PFAS in the Commonwealth of Massachusetts: Final Report of the PFAS Interagency Task Force is available for download here.    

  

To view more information on the Task Force and past hearings, please visit the PFAS Interagency Task Force landing page on MALegislature.gov. 

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