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Minnesota Extends Its PFAS-in-Products Reporting Deadline After Significant Public Comments

After evaluating public comments on its proposed PFAS-in-products reporting rules, the Minnesota Pollution Control Agency (MPCA) has agreed to exercise its authority under section 116.943 of the Minnesota Statutes (Amara’s...more

Maine and Minnesota Accepting Proposals Through March 1, 2024 for “Currently Unavoidable Use” Exemptions from Upcoming State Ban...

By statutory enactment, Maine intends to ban the sale, marketing, and distribution of products or product components containing intentionally added PFAS, effective January 1, 2030. 38 M.R.S. § 1614. This follows Maine’s...more

California, Maine Take Similar but Different Approaches in Limiting Sales of Products Containing Intentionally-Added PFAS

More and more states are passing statutes to restrict and/or monitor sales of products containing PFAS. Recent news out of Maine suggests some practical downsides to a more aggressive legislative scheme; last month...more

State Enforcement Against the Federal Government, Part 2

Almost two years ago, we posted on the civil settlement of a dispute between the New Mexico Environment Department (NMED) and the U.S. Department of Defense (DoD) over a state-level enforcement action against Cannon Air Force...more

EPA Announces Funding for Disadvantaged Communities to Address PFAS in Drinking Water, Synthesizing Approaches to PFAS and...

Alongside USEPA’s recent issuance of new Health Advisory Levels, or HALs, for certain PFAS chemicals (namely, PFOA, PFOS, PFBS, and GenX), the Agency also announced that, as part of the Biden Administration’s...more

USEPA’s National PFAS Datasets Compile and Integrate State and Federal Data, but Gaps Remain

The US Environmental Protection Agency (USEPA) has made available a collection of National PFAS Datasets, which collects a variety of PFAS data from different state and federal sources on one convenient webpage. ...more

Coming (Very) Soon to an Environmental Investigation Near You….

Consistent with the U.S. Environmental Protection Agency’s (EPA) PFAS Strategic Roadmap, EPA is just weeks away from issuing a Notice of Proposed Rulemaking to designate PFOA and PFOS as hazardous substances under the...more

Pennsylvania EQB Approves PFOA and PFOS Limits in Drinking Water

On November 16, the Pennsylvania Environmental Quality Board (“EQB”) voted to approve the Pennsylvania Department of Environmental Protection’s (“PADEP”) proposed rule to set binding regulatory standards, known as maximum...more

Industry Specific Effluent Limitation Guidelines for PFAS Are Coming – EPA’s Preliminary Plan 15

In September, EPA set forth its latest draft plan for setting guidelines for PFAS limitations in industrial wastewater in certain industries, and October brought public comments on the draft. Among EPA’s next steps in its...more

EPA Takes Two More Steps Down The Long And Winding Road To National Primary Drinking Water Regulations For PFAS

In the March 3, 2021 Federal Register, EPA issued its final regulatory determinations for substances on the fourth Drinking Water Contaminant Candidate List (“CCL 4”). Under the federal Safe Drinking Water Act, EPA is...more

Impact Of “Hazardous Substance” CERCLA Designation On State Superfund Laws

We’ve discussed in our previous posts the process that EPA will likely use to designate PFOA and PFOS as “hazardous substances,” how that designation will impact responsible parties, and what effects it may have on current...more

Potential Impact PFOA And PFOS Designation As “Hazardous Substance” On Ongoing EPA-lead Investigations And Remediations

In two of our previous posts, we discussed the United States Environmental Protection Agency’s (EPA) “Hazardous Substance” Designation Process and the Implications of a Designation on Responsible Parties. Here, in this post,...more

Your Mission, Should You Choose To Accept It…: The “Innovative Ways To Destroy PFAS Challenge”

In July 2020, we posted on takeback disposal options for some PFAS-containing firefighting foams, with a caveat about recent actions taken by the New York State Department of Environmental Conservation (NYDEC) to suspend...more

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