Maryland’s Plan to Take Action on PFAS, the Forever Chemical

Per- and polyfluoroalkyl substances (PFAS) are a widely known class of over 10,000 toxic chemicals. They have been used since the 1940s in household items like cookware, rain jackets, and rugs due to their heat, water, and oil-resistant properties. PFAS can also be found in a wide range of commercial items including food packaging, adhesives, and firefighting foam. PFAS causes a host of human health problems and can lead to increased cholesterol and high blood pressure, fertility issues, and cancer. Unfortunately, these chemicals have become a ubiquitous pollutant in our environment from their widespread commercial and industrial use. PFAS chemicals have been nicknamed “forever chemicals” because they are long-lasting: they do not break down in the environment or in our bodies. Their presence is found in ground and drinking water sources worldwide. Action can, and is, being taken to address PFAS, through legislation and Maryland’s PFAS Action Plan.

In 2022, the George “Walter” Taylor Act – a bill to ban firefighting foam, rugs, and food packaging that contain intentionally added PFAS – passed. The bill was named after George “Walter” Taylor, a firefighter who died in 2020 at age 46 from neuroendocrine cancer, likely a result from his direct contact with firefighting foam and equipment during his 31 years of service. Maryland now offers a firefighting foam recall program to safely dispose of the carcinogenic tool.

The Act also mandated the state of Maryland to develop a Maryland PFAS Action Plan. The Action Plan has five goals:

  1. To minimize environmental exposure to PFAS chemicals for Maryland residents
  2. To minimize future PFAS environmental contamination
  3. To identify and remedy historical PFAS spills and leaks/environmental exposures
  4. To add an environmental justice component to its PFAS mitigation work
  5. To provide transparency on its work to Maryland residents

The last two goals are built into the framework of the first three.

Minimizing Exposure

As part of the PFAS Action Plan, Maryland began testing for PFAS exposure in drinking water sources. The main concern was Community Water Systems (CWS), or water sources that provide potable water for the same population year round. Sixty-three of these systems had elevated levels of PFAS. Based on the goals of the Action Plan, Maryland will alert water customers in these contaminated systems, conduct further water sampling, and develop an exposure minimization plan. An interactive contamination CWS map is currently being developed, with sampling to conclude in the summer of 2024. 

Some fish within Maryland waters have been found to contain bioaccumulated levels of PFAS. When some long-lasting chemicals enter a water system, it accumulates in organisms’ tissue. Organisms higher on the food chain contain higher levels of PFAS as they eat smaller organisms. Eventually, humans can consume these fish and other animals containing PFAS. This serves as a potentially harmful exposure pathway to humans, and is an environmental justice issue to those who fish for their food. Based on PFAS’ prevalence in waterways and animals, Maryland will add PFAS to its list of chemicals to be routinely sampled and monitored every five years. The state also will conduct source tracking to stop PFAS drainage at its source so it doesn’t enter water bodies and bioaccumulate in fish. Maryland has also developed a fish advisory map for residents to use.

Minimizing Future Exposure

Once PFAS have entered the environment, it is difficult to trace or remove them. Wastewater is a large part of the exposure network, so the PFAS Action Plan focuses on wastewater sources to minimize future PFAS exposure.

At municipal wastewater treatment plants (WWTP), PFAS can be found in discharged wastewater and biosolids. Maryland’s Wastewater Pollution Prevention and Reclamation Program website will have accessible WWTP PFAS data of the WWTPs that voluntarily participated in previous Maryland PFAS surveying. Wastewater treatment plants with greater than median amounts of PFAS discharge will be given priority for future monitoring.

Despite potentially containing PFAS (now considered a hazardous waste by the EPA), the wastewater from WWTPs is applied to fields. Industrial and municipal wastewater spray irrigation facilities apply WWTP wastewater onto open land so that it seeps into the soil and groundwater and is naturally filtered and cleaned. This purifies the water of certain pollutants, but no known bacteria can eliminate or convert PFAS back into its organic components, so Maryland has implemented stricter permits for this practice and groundwater discharge. Permitted WWTP facilities found with PFAS will have to undertake stricter management and application practices.

In addition, Maryland Department of the Environment (MDE) is withholding the final authorization of new permit applications to land-apply sewage sludge (biosolids) while the Department continues to evaluate levels of PFAS in biosolids. Biosolids are the organic material left over from a WWTP cleaning process, and are often applied as agricultural fertilizers. Chemicals leached from biosolids application may enter groundwater, soils, crops, livestock (through grazing or drinking), and eventually, humans. The Maryland PFAS Action Plan intends on conducting risk assessment studies on historically biosolid-treated applied lands, as well as test the different agricultural types, or classes, of biosolids. 

Besides WWTP, terrestrial landfills may also accept items laced with PFAS. As landfill items break down, they potentially leach PFAS into surrounding soils, surface water, groundwater, and other water sources through runoff. No known human exposure is currently occurring in Maryland from landfills, but it may lead to downstream fish exposure, which in turn, can cause PFAS to make its way back to humans. As the EPA tightens and regulates its own PFAS methodology, Maryland will continue monitoring landfills based on EPA thresholds.

The PFAS Action Plan also focuses on PFAS reduction in industries that may discharge PFAS to surface waters, publicly owned wastewater treatment plants, and stormwater runoff. In a voluntary statewide survey, 14% of tested Maryland facilities had PFAS on site. As industries with NPDES (discharge) permits come up for renewal, MDE is evaluating them for new permit limitations. The Industrial Stormwater general permit requires operators to identify potential sources of PFAS that could be exposed to stormwater and address these sources in Stormwater Pollution Prevention Plans (SWPPPs). Recent legislation (see below) addresses pretreatment requirements for significant industrial sources of PFAS. But much more needs to happen to stop PFAS discharges from industrial sources.

Identification and Remediation.

Maryland’s PFAS Action Plan draws on many partnerships, resources, and support systems for PFAS identification, tracking, and remediation, but to accomplish all of its goals, the state still needs more funding and staff. In an effort of transparency, Maryland residents will be kept aware of PFAS sources and concentrations as more interactive maps come online. Remediation work will be prioritized in high concentration and environmental justice areas.

Recent Legislation

In 2024, the Protecting State Waters From PFAS Pollution Act (SB956 / HB1153), one of our priority bills, passed. The bill requires MDE to identify significant industrial users that use PFAS chemicals by October 1, 2024, develop PFAS monitoring and testing criteria by January 1, 2025, and develop PFAS action levels and mitigation plans by June 1, 2025. Other bills targeting PFAS contamination that passed include HB1147 prohibiting PFAS in playground surface materials, and HB457 requiring a producer or seller of synthetic turf, a source of PFAS and other contaminants, to disclose maintenance practices and costs for removing, replacing, and disposing of synthetic turf, and requiring MDE to conduct a study on the synthetic turf industry and report findings by July 1, 2026.

How to reduce your exposure to PFAS

While the best way to reduce or eliminate PFAS exposure is to stop it at its source, people can take action to reduce PFAS exposure. In the home, people can:

  • Cook with stainless steel, cast-iron, glass or ceramics rather than nonstick pots and pans and throw out scratched or chipped nonstick cookware.
  • Look for coats, hats, and boots labeled water resistant. They’re less likely to have PFAS than waterproof products.
  • Make popcorn on the stove or in an air popper instead of microwave bags, and steer clear of foods in grease-resistant wrappers or containers.
  • Avoid carpets and upholstery treated to be stain or water resistant, decline stain treatment.

Ingredients and materials matter in consumer products. Avoid products containing PTFE or polyfluoro- ingredients. These can be found in some cosmetics, shampoos, and dental floss. Ask questions before purchasing curtains, carpets, furniture, and other textiles labeled stain or water-proof or -resistant. Materials or ingredients with PFAS may or may not be listed for different products. Contact the Consumer Product Safety Commission for information and ask manufacturers if their products contain PFAS.

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