Maryland recently enacted legislation to address PFAS contamination in the state’s waters.[1] Under this framework, the Maryland Department of the Environment (MDE) is tasked with identifying major PFAS emitters, monitoring pollution levels, establishing action levels, developing mitigation plans, and managing PFAS storage to prevent the chemicals from reaching state waterways.[2]

PFAS are a class of synthetic chemicals characterized by “at least one fully fluorinated carbon atom.”[3] These “forever chemicals” do not occur naturally and are widely used in industrial and commercial products for their resistance to heat, oil, stains, grease, and water. PFAS contamination is commonly found in high concentrations at wastewater treatment plants, industrial sites, and farms where biosolids, or sludge fertilizers, are used.[4] These strong molecules do not easily break down after disposal, posing significant containment challenges.[5]

Numerous studies by the U.S. Environmental Protection Agency (EPA) have documented the devastating impacts of PFAS pollution on human health and the environment.[6] The primary causes of PFAS exposure are food and water consumption.[7] Health effects linked to PFAS contamination include decreased fertility, increased risk of prostate, kidney, and testicular cancers, and decreased immune system functions, among others.[8]

Informed by the recent EPA reports and case studies of the harmful effects of PFAS contamination, the Maryland General Assembly has outlined its plan to work with significant industrial users—the primary sources of PFAS pollution—to identify, test, mitigate, and store these chemicals. While industrial users currently operate under a pretreatment permit, this legislation aims to strengthen those requirements. Significant industrial users,[9] engaged in manufacturing, assembling goods, or producing significant pollutants, must obtain a pretreatment permit from MDE.[10] This permit allows them to discharge industrial waste into public treatment works, provided they adhere to MDE’s pretreatment requirements.[11]

The plan establishes several timelines and actions for implementation. Last year, MDE identified “significant industrial users that currently and intentionally use PFAS chemicals.”[12] By January 1, 2025, MDE was required to develop protocols for monitoring and testing PFAS in these industries.[13] By June 1, 2025, MDE will establish PFAS action levels to address contamination from industrial discharges as part of pretreatment permits.[14] Additionally, MDE will create mitigation plans to reduce PFAS in industrial discharges.[15] These plans will include strategies to phase out PFAS-contaminating products, preventing accidental releases, and replacing or decontaminating equipment that contains PFAS.[16]

Using the EPA’s guidance, significant industrial users must also safely store captured PFAS chemicals to prevent their release into waterways.[17] By September 1, 2025, significant industrial users must measure PFAS levels in their wastewater using MDE-approved methods and report the results.[18] Finally, by July 1, 2026, they must reduce PFAS discharges to publicly owned treatment works to meet the new standards.[19]

The next steps involve evaluating the performance of the significant industrial users and assessing the effectiveness of the MDE and EPA in monitoring and enforcing safer PFAS levels in water. This law represents a significant step in combating PFAS contamination and displays Maryland’s commitment to protecting human health and the environment. Only time will tell if these measures will effectively address the persistent threat of forever chemicals and protect Maryland’s waterways for future generations.

Cameron Luzarraga is a third-year law student at the University of Baltimore School of Law and an Associate Editor for Law Forum. He received his Bachelor of Arts in Government and Politics from the University of Maryland, College Park. Cameron has experience in public service, having interned with the U.S. Department of the Treasury, NASA Office of the Inspector General, and, during law school, the U.S. Securities and Exchange Commission. As President of the UB Environmental Law Society, he plans to pursue a career in environmental law after graduation.

[1] Environment – Water Pollution Control – Protecting State Waters from PFAS Pollution, ch. 556, 2024 Md. Laws; see H.D. 1153, 2024 Gen. Assem., 446th Sess. (Md. 2024) (enacted) [hereinafter, “Protecting State Waters From PFAS Pollution Act”].

[2] Protecting State Waters From PFAS Pollution Act, supra note 1.

[3] Md. Code Ann., Env’t § 9-353(c) (LexisNexis 2025).

[4] Env’t Prot. Agency, IRIS Toxicological Review of Perfluorodecanoic Acid (PFDA) and Related Salts 1, 2 (July 2024), https://iris.epa.gov/static/pdfs/0702_summary.pdf.

[5] Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS), Nat’l Inst. Env’t Health Sciences, https://www.niehs.nih.gov/health/topics/agents/pfc (last visited Jan. 31, 2025).

[6] Env’t Prot. Agency, supra note 4 at 3.

[7] Nat’l Inst. Env’t Health Sciences, supra note 5.

[8] Our Current Understanding of the Human Health and Environmental Risks of PFAS, Env’t Prot. Agency, https://www.epa.gov/pfas/our-current-understanding-human-health-and-environmental-risks-pfas (last visited Jan. 30, 2025).

[9] Md. Code Ann., Env’t § 9-353(B)(1) (LexisNexis 2025).

[10] Id. at § 9-353(B)(1)(i).

[11] Id. at § 9-353(D); see also COMAR 26.08.01.01A(69).

[12] Md. Code Ann., Env’t § 9-354(B) (LexisNexis 2025).

[13] Id. at § 9-354(C).

[14] Id. at § 9-354(D)(1).

[15] Id. at § 9-354(D)(2).

[16] Id. at § 9-354(D)(I)-(III).

[17] Id. at § 9-354(E); see also Env’t Prot. Agency, 2024 Interim Guidance on the Destruction and Disposal of PFAS (Apr. 2024), https://www.epa.gov/system/files/documents/2024-04/fact-sheet-epa-pfas-destruction-and-disposal_0.pdf (recommending storage in the short term then destruction and disposal technologies like underground injection (UIC), landfills, and thermal treatment, including incineration).

[18] Md. Code Ann., Env’t § 9-354(G)(1)-(2) (LexisNexis 2025).

[19] Id.