Insight & Commentary for the Business and Legal Community
On February 8, 2024, U.S. EPA proposed two new significant regulations that would expand its authority to require cleanup of per- and polyfluoroalkyl substances (PFAS) under the Resource Conservation and Recovery Act (RCRA). The scope of the proposed regulations and the potential facilities affected are discussed below.
Background on RCRA Program
To understand the potential…
While U.S. EPA is poised to issue a series of federal regulations related to PFAS and impacts to the environment, it is the states that are taking the lead on regulating the presence of Per- and polyfluoroalkyl substances (PFAS) in consumer products. Such regulations are forcing manufacturers to reach back into their supply chains to…
On March 14th, U.S. EPA released its advanced pre-publication notice of proposed rulemaking which, if finalized, will establish for the first time national drinking water standards for PFAS under the Safe Drinking Water Act (SWDA). While many states have adopted drinking water standards, the U.S. EPA has yet to establish any national drinking water standards…
The term “game changer” has been thrown around quite a bit with regard to EPA’s intention to list PFOS and PFOA as “hazardous substances” under CERCLA. The reason it is a game changer is that it will greatly simplify the evidence needed to support cleanup claims at any site where PFOS or PFOS contamination exists. …
This week the Biden Administration released their PFAS Strategic Roadmap which sets forth ambitious action on regulation of Per- and Polyfluoroalkyl Substances (PFAS) pollution, including targeted action with deadlines for eight different federal agencies. The EPA’s stated goal is to focus on PFAS both upstream and downstream.
Upstream EPA intends to look at evaluating toxicity…
Polyfluoroalkyl substances (PFAS)- used in non-stick applications such as cookware, paper packaging, and textiles, as well as in certain types of firefighting foam- have become the new asbestos, and PFAS litigation has been filed in multiple states. Both the federal government and state governments have been moving forward with significant new regulation of the PFAS
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