Delaware lawmakers unanimously passed a bill Monday aimed at addressing the presence of PFAS chemicals in public drinking water. Senate Bill 72 mandates that water providers in the state begin testing for PFAS in 2026 and work toward reducing these chemicals to near-zero levels by 2029.
The legislation takes effect before federal regulations from the U.S. Environmental Protection Agency (EPA) are set to be fully implemented. Supporters of the bill include environmental advocacy groups.
“Every day that goes by that people are exposed to PFAS in their drinking water is another day that raises their risk of developing a health problem such as cancer,” said Tracy Carluccio, Deputy Director of the Delaware Riverkeeper Network to WHYY. “So, it is very important that Delaware move ahead in an expeditious way to enact this legislation.”
PFAS, or per- and polyfluoroalkyl substances, are chemicals found in various consumer products, including nonstick cookware, waterproof clothing, and firefighting foam. These substances have been linked in studies to health concerns such as certain cancers, thyroid issues, developmental effects in children, and other conditions. PFAS can remain in the human body for extended periods, prompting legal action in some cases against companies that manufacture them.
Delaware’s new law reflects the earlier version of the EPA’s standards, including limits of 4 parts per trillion for PFOA and PFOS, and 10 parts per trillion for PFHxS, PFNA, and GenX
Advocacy groups have described the legislation as an important step toward protecting public health. PFAS have been detected in multiple areas across Delaware, including Dover, Blades, and waterways throughout the state. Wilmington, Delaware’s largest city, is home to DuPont, a company historically associated with PFAS usage in products like Teflon.
The legislation coincides with ongoing changes at the federal level. The EPA introduced regulations in 2023 requiring water utilities to reduce PFAS levels by 2029. However, the agency recently proposed revising those rules, potentially extending compliance deadlines to 2031 and rolling back restrictions on certain PFAS compounds.
Delaware’s new law reflects the earlier version of the EPA’s standards, including limits of 4 parts per trillion for PFOA and PFOS, and 10 parts per trillion for PFHxS, PFNA, and GenX. It also includes limits on combined PFAS mixtures. These thresholds are similar to those targeted under the initial federal plan, which the EPA may revise.
According to public health researchers, while PFOA and PFOS are among the most commonly found PFAS chemicals nationally, compounds like PFHxS are often present near military installations and airports, due to the use of firefighting foam.
Under the new state law, water providers must begin testing for PFAS a year earlier than required under the federal rule. They are also required to notify consumers if PFAS are detected in the drinking water.
“Forever chemicals are linked to serious health problems, particularly for children,” said the bill’s sponsor, state Sen. Darius Brown, in a statement. “Through Senate Bill 72, we underscore our continued commitment to transparency and empowering every Delawarean with the data necessary to make fully informed decisions about their personal health.”
