Proposed Policies
Safer States provides the most current proposed and adopted legislation on toxins. On the map, click on Massachusetts and open up the pages with proposed and adopted legislation. You can track each bill through the entire legislative process.
H.D.3565: Establishes a Packaging Reduction and Recycling Program that includes toxic reduction requirements for ortho-phthalates, bisphenols, PFAS, lead, chromium, cadmium, mercury, halogenated flame retardants, formaldehyde, and other toxic substances.
H.D.3912: Prohibits the sale or distribution of any beverage containers containing ortho-phthalates, bisphenols, PFAS, lead, chromium, cadmium, mercury, benzophenone, halogenated flame retardants, formaldehyde, and other toxic chemicals.
H.767: Prohibits the sale or distribution of disposable food service ware made from polystyrene or black plastic. Prohibits a lodging establishment from providing small plastic bottles containing a personal care product. Prohibits the sale or distribution of any beverage container, food ware accessories, food ware, or food packaging containing certain toxic substances.
S.525: Prohibits the sale or distribution of disposable food service ware made from polystyrene or black plastic. Prohibits a lodging establishment from providing small plastic bottles containing a personal care product. Prohibits the sale or distribution of any beverage container, food ware accessories, food ware, or food packaging containing certain toxic substances.
S.1556: Prohibits the manufacture, sale, or distribution of firefighting personal protective equipment that contains intentionally added PFAS chemicals.
S.1431: Prohibits the manufacture, sale, or distribution of food packaging that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances.
S.1502: Prohibits the manufacture, sale, or distribution of any firefighting personal protective equipment that contains intentionally added PFAS chemicals.
H.863: Requires the department of environmental protection to outline best practices and recommend regulations for the proper disposal of products containing perfluoroalkyl and polyfluoroalkyl substances.
S.445: Prohibits pesticides that contain PFAS as an inactive or inert ingredient.
S.39: Requires the department to set maximum levels for the amount of perfluoroalkyl and polyfluoroalkyl substances that may be in any fertilizer, compost, mulch, topsoil amendment or other soil amendment sold in the retail market. Require disclosure of all fertilizer, compost, mulch, topsoil replacement or other soil amendments for retail sale that contains any detectable perfluoroalkyl substance or polyfluoroalkyl substance.
H.845: Establishes an ecologically-based mosquito management program. Prohibits pesticides containing PFAS.
H.2339: Prohibits the manufacture, sale, or distribution of firefighting personal protective equipment that contains intentionally added PFAS chemicals.
H.101: Establishes the Agricultural PFAS Relief Fund to assist farmers who have been impacted by PFAS chemicals. Requires all biosolids being transported from point of origin for land application to be tested for the presence of PFAS. Requires the state department to set maximum levels for the amount of perfluoroalkyl and polyfluoroalkyl substances that may be in any fertilizer, compost, mulch, topsoil amendment or other soil amendment sold in the retail market. Requires disclosure of fertilizer, compost, mulch, and topsoil amendment that contains PFAS.
S.1559: Establishes a PFAS Research and Development Public Safety Fund.
S.2053: Establishes a moratorium prohibiting the procurement of PFAS-emitting structures or activities.
H.2317: Establishes a PFAS Research and Development Public Safety Fund.
S.588: Requires the state Department of Environmental Protection to employ an external research organization, which has the capacity to study perfluoroalkyl and polyfluoroalkyl substances and the effect PFAS has on agricultural products and other food products.
S.524: Establishes a moratorium to prevent the installation of any artificial grass, and/or similar artificial turf materials. Requires the Office of Energy and Environmental Affairs to conduct an evaluation.
H.853: Establishes a program in which the Department of Environmental Protection issues vouchers for PFAS filtration equipment.
H.2197: Establishes a PFAS Remediation Trust Fund to mitigate the impacts of PFAS contamination in drinking water, groundwater, and soil. Requires monitoring and reporting of PFAS in groundwater discharges. Requires implementation of best management practices for discharges of PFAS. Prohibits the sale or distribution of the following products to which PFAS has been intentionally added: child passenger restraints, cookware, fabric treatments, personal care products, rugs and carpets, upholstered furniture, children’s products. Prohibits the sale or distribution of products that contain intentionally added PFAS unless it is determined that the use of PFAS in the product is a currently unavoidable use.
S.523: Establishes a Comprehensive Athletic Surface Performance Commission to research athletic performance surfaces – including artificial grass.
H.D.958: Prohibits state and municipal contracts for the purchase and installation of artificial turf that contains zinc, plastic or perfluoroalkyl and polyfluoroalkyl substances.
S.175: Prohibits the sale or distribution of children’s products or product components containing regulated PFAS chemicals. Requires the state department of environmental protection to publish and maintain a list of toxic chemicals of concern.
H.318: Prohibits the sale or distribution of children’s products or product components containing regulated PFAS chemicals. Requires the state department of environmental protection to publish and maintain a list of toxic chemicals of concern.
Adopted Regulations
Massachusetts Finalizes Drinking Water Standard for PFAS (9/28/2020): Massachusetts is establishing a drinking water limit of 20 ppt for six PFAS, combined. Final regulations are anticipated to be published in the Massachusetts Register on October 2, 2020. As we previously reported, the Massachusetts Department of Environmental Protection (MassDEP) proposed the limit for PFAS in drinking water in December 2019 at the same time as soil and groundwater standards were finalized under the Massachusetts Waste Site Cleanup program.
The Standard: MassDEP is establishing a Maximum Contaminant Level (MCL) of 20 nanograms per liter (ng/L) or ppt for the sum of the following six PFAS (“PFAS-6”):
Perfluorooctanesulfonic acid (PFOS),
Perfluorooctanoic acid (PFOA),
Perfluorodecanoic acid (PFDA),
Perfluoroheptanoic acid (PFHpA),
Perfluorohexane sulfonic acid (PFHxS), and
Perfluorononanoic acid (PFNA).
This MCL will apply to all public water systems except for transient non-community public water systems. Transient non-community public water systems are smaller water systems that typically do not serve the same people every day. Transient non-community public water systems are typically found at restaurants, motels, campgrounds, parks, and golf courses. Instead of the MCL, these systems will be subject to a site-specific health assessment if elevated levels of PFAS are identified. MassDEP has indicated that a standard has not been set for this group because it is a highly variable group of water supplies.
Testing of Public Water Systems: The regulations require that all public water systems monitor for PFAS. When monitoring must begin is staggered based on the type of system and system size.
Monitoring is initially required for four consecutive quarters, in the first month of each quarter, although MassDEP may issue a waiver to reduce the required monitoring to two quarters.
Monitoring must be done using EPA Method 537 or 537.1, which can analyze for more than the regulated PFAS compounds. All PFAS that can be analyzed by the chosen method must be reported by the laboratory, and reported to MassDEP. EPA methods 537 and 537.1 can identify the following PFAS.
Impacts of Detections: Detection of PFAS in a public water supply triggers confirmatory sampling. If PFAS-6 is confirmed above 10 ppt, the frequency of monitoring increases to monthly. If the average of the sample and the confirmatory sample exceeds 20 ppt, notice must be provided to all persons who are served by the affected water system.
If the average of monthly samples over a quarter is above 20 ppt for PFAS-6, the MCL is exceeded. In that event, the public water system must take action to come back into compliance. This could include taking a source of water offline, blending several sources of water, or treating the water.
Triennial Review: The regulations require MassDEP to evaluate relevant developments in the science, assessment, and regulation of PFAS once every three years, beginning not later than December 31, 2023, to determine whether the MCL should be amended.
The Upshot: Massachusetts is joining a small number of states that have established an MCL for PFAS. This puts Massachusetts ahead of US EPA’s regulatory process under the federal Safe Drinking Water Act. Only time will tell if Massachusetts has moved too quickly.
Massachusetts Governmental Departments, Regulations, and Lawsuits
The Massachusetts Department of the Environmental Protection provides extensive information on PFAS on these two pages:
The Massachusetts Attorney General’s Office has an Environmental Protection Division.
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