For the past several years, the topic of PFAS has become increasingly prominent. The news media has stories about lawsuits, water quality, raincoats, and nonstick cookware. But, what is PFAS, and why should county leaders care? In this week’s Policy Deep Dive, we look at PFAS: What Are They? Why Do They Matter? What’s Next?

What Are They? 

PFAS is an acronym that stands for per- and polyfluoroalkyl substances. These substances were developed in the middle part of the 20th century and are noted for their waterproof and nonstick properties. PFAS chemicals are found in many everyday materials and products, such as raincoats, food packaging, water bottles, nonstick cookware, carpets, firefighting foam, and more.

Why Does It Matter?

The same properties that make PFAS such a wonder chemical also make it incredibly dangerous. These chemicals break down slowly over time, meaning they can build up to dangerous levels in the environment and animals (including humans). New research has shown strong links between high PFAS concentrations and a slew of negative health conditions like cancer. Due to its prevalence in many household products, most people have had some exposure to PFAS and may have some level of PFAS accumulation in their bodies.

In response to the growing body of negative findings related to the substance, government officials have begun to take action to limit the public’s exposure. During the 2022 legislative session, Maryland banned PFAS in carpeting, firefighting foam, and personal protective equipment. More recently, in January 2024, the Maryland Department of the Environment mandated that counties begin regularly testing for certain PFAS at landfills. In April, the Maryland General Assembly passed the Protecting State Waters From PFAS Pollution Act, and the EPA issued its first-ever PFAS drinking water standard.

As the owners/operators of major pieces of public infrastructure, a large share of the cost for PFAS remediation will likely be borne by local governments. The new state-mandated landfill testing is projected to cost roughly $150,000 per jurisdiction per year, with several questions remaining about lab capacity in and around Maryland. Costs vary widely on how much the EPA drinking water standards may cost local governments, but estimates range from $772 million to $3.5 billion nationally. For context, Maryland represents roughly two percent of the United States. Using a two percent threshold and the figures above, potential figures for Maryland could run anywhere between approximately $16 million to $70 million if PFAS were to be distributed equally across the country. However, PFAS concentrations tend to be higher in industrial areas where the chemical was produced, meaning Maryland is very likely to have a considerably higher remediation figure due to higher concentrations.

What’s Next?

All of the current research on the impacts of PFAS has been concentrated on only a handful of chemicals, while the total number of PFAS is in the thousands. As research, testing, and remediation technology advance, it is unknown whether this issue may balloon in expense due to its wide scope or if it will become cheaper to remediate overall.

Several lawsuits are pending against PFAS producers, and more are expected to follow. In 2023, 3M and Dupont settled multijurisdictional lawsuits for $10.3 billion and $1.18 billion, respectively. In April 2024, the EPA designated two forms of PFAS as hazardous substances under the federal Superfund law, opening the door to new federal mitigation and remediation requirements for producers as well as further avenues for litigation.

The EPA and MDE have both been increasingly active in developing new policies related to PFAS and producing new resources to help county governments comply. County leaders can expect activity in this sphere to continue as more research about the chemical comes to light.

Check out EPA’s PFAS resources. 

Check out MDE’s PFAS resources. 

Check out EPA Slide Deck 1 on new PFAS regulations. 

Check out EPA Slide Deck 2 on new PFAS regulations. 

This article is part of MACo’s Policy Deep Dive series, where expert policy analysts explore and explain the top county policy issues of the day. A new article is added each week – read all of MACo’s Policy Deep Dives.