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TSCA Roundup: Existing Chemical Regulation Under the Second Trump Administration's EPA

The U.S. Environmental Protection Agency (EPA) under the second Trump Administration has begun to shift the Biden Administration's policies related to the review of existing chemicals under Section 6 of the Toxic Substances...more

The PFAS Drinking Water Rule Under the Second Trump Administration

Major trade associations and water systems filed suit to challenge the Biden-era U.S. Environmental Protection Agency's (EPA) National Primary Drinking Water Rule for six per- and polyfluoroalkyl substances (PFAS) under the...more

PFAS Designation Rule Will Impact Operational Compliance, Enforcement, Litigation and Policy

Although the U.S. Environmental Protection Agency (EPA) proposed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the federal Superfund law (PFAS Designation Rule) in September...more

EPA Issues a Final Revised Risk Determination for 1,4-Dioxane

The U.S. Environmental Protection Agency (EPA) concluded its risk evaluation of 1,4-Dioxane under the Toxic Substances Control Act (TSCA) and issued a Notice of Availability of its Final Supplement to the Risk Evaluation and...more

EPA Proposes Adding More PFAS to the Toxics Release Inventory

The U.S. Environmental Protection Agency (EPA) is proposing to add 16 new, individually listed per- and polyfluoroalkyl substances (PFAS) and 15 PFAS categories to the Toxics Release Inventory (TRI) list as "chemicals of...more

EPA to Cruise Ships, Cargo Ships, Barges, Tankers, Tugs and Tows: Take Notice

As detailed through previous Holland & Knight alerts and blogs detailing the Notice of Proposed Rule Making and Consent Decree that postponed completion of the Vessel Incident Discharge (VID) final rule until fall 2024, the...more

EPA Announces $7.5 Billion in Water Infrastructure Loans

The U.S. Environmental Protection Agency (EPA) on Sept. 6, 2024, announced the availability of $6.5 billion in Water Infrastructure Finance and Innovation Act (WIFIA) funding and $1 billion in State Infrastructure Financing...more

A Little Breathing Room for Product Importers: EPA Extends TSCA 8(a)(7) Reporting Deadline

While product importers were spending the summer poring over the Instructions for Reporting PFAS Under TSCA Section 8(a)(7) (May 2024), the U.S. Environmental Protection Agency (EPA) was working on a Direct Final Rule and...more

White House Announces New Strategy on Plastics Pollution

In continuing with the Biden-Harris Administration's goal to combat plastic pollution, on July 19, 2024, the Interagency Policy Committee on Plastic Pollution and a Circular Economy (IPC)1 released a new joint strategy to...more

2024 Midyear PFAS Regulatory Update: Final Rules Recently Issued by EPA and What's to Come

Just past the halfway point of 2024, it's already been a busy year for those following regulatory developments related to per- and polyfluoroalkyl substances (PFAS). Building on its plans in the 2021 PFAS Strategic Road Map...more

Product Importers: Are You Ready for the New PFAS Reporting Requirements Under TSCA?

The U.S. Environmental Protection Agency (EPA) published a far-reaching and important final rule (Rule) on Oct. 11, 2023, requiring comprehensive reporting of per- and polyfluoroalkyl substances (PFAS) manufactured and...more

FAA Reauthorization Act Creates PFAS Replacement Program for Airports

President Joe Biden signed the bipartisan, bicameral Federal Aviation Administration Reauthorization Act of 2024 into law on May 16, 2024, extending many old provisions as well as creating new policy. One new provision is...more

EPA Designates 2 PFAS Compounds as Hazardous Substances

The U.S. Environmental Protection Agency (EPA) on April 19, 2024, announced its Final Rule designating two per- and polyfluoroalkyl substances (PFAS) compounds – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more

EPA Exceeds Statutory Authority in PFAS Fluorination Case

The U.S. Court of Appeals for the Fifth Circuit ruled on March 21, 2024, on a petition filed by Inhance Technologies LLC (Inhance) against the U.S. Environmental Protection Agency (EPA) in Inhance Technologies, L.L.C. v. U.S....more

Senate Committee Convenes Hearing to Examine PFAS as Hazardous Substances

The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous...more

EPA Proposes RCRA Corrective Action Expansions Targeting PFAS

The 1984 Hazardous and Solid Waste Amendments amended the Resource Conservation and Recovery Act (RCRA) to add the following sections requiring corrective action for releases of hazardous waste or hazardous constituents ...more

2023 PFAS Year in Review: EPA Policy and Aqueous Film-Forming Foam Litigation Updates

2023 was a busy year for folks following legal developments related to per- and polyfluoroalkyl substances (PFAS). In December, the U.S. Environmental Protection Agency (EPA) issued its Second Annual Progress Report. Some of...more

EPA Takes Action Against Inhance Technologies LLC on Fluorinated HDPE Containers

Since publishing an alert on U.S. Food and Drug Administration (FDA) efforts surrounding per- and polyfluoroalkyl substances (PFAS) in food packaging, Holland & Knight has monitored developments related to fluorinated and...more

EPA Issues Guidance on Maui Factors

The U.S. Environmental Protection Agency (EPA) announced release of its Draft Guidance Regarding NPDES Permitting of Certain Discharges through Groundwater to Surface Waters (Draft Guidance) on Nov. 20, 2023, notice of which...more

EPA Publishes Comprehensive PFAS Reporting Rule Under TSCA

The U.S. Environmental Protection Agency (EPA) published a far-reaching and enormously important final rule (Rule) on Oct. 11, 2023, requiring comprehensive reporting of per- and polyfluoroalkyl substances (PFAS) manufactured...more

EPA Plays Hurry Up and Wait on Vessel Incidental Discharge Act of 2018 Regulations

More than a year and a half ago, Holland & Knight wrote about how the U.S. Environmental Protection Agency (EPA) promised new Vessel Incidental Discharge National Standards of Performance following adoption of the Vessel...more

EPA Seeks Comment on Air Pollutant Reporting for PFAS

The U.S. Environmental Protection Agency (EPA) announced on July 25, 2023, a proposed rule, published in the Federal Register on Aug. 9, 2023, to update the Air Emissions Reporting Requirements (AERR) to collect certain...more

EPA Publishes Semiannual Agenda Previewing PFAS-Related Agency Actions

The U.S. Environmental Protection Agency (EPA) on July 27, 2023, published its Semiannual Regulatory Agenda, which is intended to update the public about the agency's plan to review, propose and issue regulations over the...more

Mitigating Greenwashing Risks: FTC Solicits Input on Current Green Guides

For the first time since 2012, the Federal Trade Commission (FTC or Commission) is actively evaluating potential updates to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides) to provide clarity...more

The D.C. Circuit Overrules EPA on Regulating Perchlorate

The U.S. Court of Appeals for the District of Columbia Circuit has the latest word in the long-running saga concerning regulation of the contaminant perchlorate in its decision dated May 9, 2023, when it ruled the U.S....more

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