Key Takeaways
Tennessee’s new “Sound Science in Regulations Act” sets a precedent for evidence-based chemical regulation, particularly regarding PFAS, and may lead to a more complex regulatory landscape as states continue to adopt varying standards.
State regulatory activity regarding per- and polyfluoroalkyl substances (“PFAS”) continues to be a focus across the country. A Tennessee law that will become effective on July 1 has the potential to impact the way PFAS and other chemicals are regulated. Senate Bill 880, also referred to as the “Sound Science in Regulations Act,” prohibits a Tennessee agency from proposing or finalizing regulations for chemical compounds related to drinking water, hazardous substances, air quality, and other environmental areas unless the scientific and technical information relied upon is the “best available science.” S.B. 880, 113th Gen. Assemb., Reg. Sess. (Tenn. 2023) (enacted as Pub. Ch. No. 228). While the law covers all chemicals, legislators have focused on regulating PFAS.
The new law defines “best available science.” First, the scientific and technical information must be reliable and unbiased. Second, it must involve the use of supporting studies that are “conducted in accordance with generally accepted scientific or technical practices.” Third, those studies must be subject to independent verification and published in a peer-reviewed journal. Furthermore, the new law imposes an additional requirement on rules that relate to human health. In those circumstances, the best available science must show that chemical exposure above the level proposed in the regulation is established to have a “direct link . . .to manifest bodily harm in humans.”
While PFAS regulations among the states already vary significantly, this new law may create further differences. Though there may be an absence of evidence sufficient to form the basis for certain regulations in Tennessee with the new law, other states may continue to issue additional regulations. With states like West Virginia considering a similar law to Tennessee, S.B. 599, 86th Leg., Reg. Sess. (W. Va. 2025), there is a possibility of further diversity among state PFAS rules. This patchwork of state regulations can create significant compliance complexities for businesses.
With the recent change in administration, federal regulations are similarly in flux. For example, in May, EPA announced that it will rescind previously announced Maximum Contaminant Levels in drinking water for four PFAS, while keeping them for two PFAS compounds, perfluorooctanoic acid and perfluorooctane sulfonic acid. Additionally, EPA announced a plan to designate an agency lead and develop effluent limitation guidelines. As state and federal PFAS regulations continue to shift, it is crucial for companies to remain informed and responsive to ensure compliance.
