Illinois Pollution Control Board Poised to Adopt Regulations Establishing PFAS Groundwater Standards


The Illinois Pollution Control Board is currently considering proposed amendments to the Illinois Part 620 groundwater regulations that would establish the first enforceable PFAS standards under Illinois law. The rulemaking proposal, filed by the Illinois Environmental Protection Agency on December 8, 2021, would establish groundwater standards for six (6) per- and polyfluoroalkyl substances (PFAS).

The PFAS standards were included in proposed amendments to Illinois’ Part 620 groundwater quality regulations, 35 Ill. Adm. Code Part 620, which provides a broader range of proposed updates and modifications to the groundwater standards.[1] The Part 620 groundwater standards are also utilized in the state’s risk-based remediation regulations, the Tiered Approach to Corrective Action (TACO) regulations at 35 Ill. Adm. Code Part 742, used to set standards under remedial programs such as the Site Remediation Program (SRP) regulations, 35 Ill. Adm. Code 740, and the Leaking Underground Storage Tank (LUST) Regulations, 35 Ill. Adm. Code 734.

The proposed amendments would establish standards for the following PFAS compounds:

1) Perfluorobutane Sulfonic Acid (PFBS)

2) Perfluorohexane Sulfonic Acid (PFHxS)

3) Perfluorononanoic Acid (PFNA)

4) Perfluorooctanoic Acid (PFOA)

5) Perfluorooctane Sulfonic Acid (PFOS)

6) Hexafluoropropylene oxide dimer (HFPO-DA, also known as GenX).

In addition, the proposal would classify PFOA as a carcinogen based on its 2B classification by the World Health Organization’s International Agency for Research on Cancer (“IARC”), which means that it is considered possibly carcinogenic to humans.

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Dickinson Wright, 20-12-22