On June 15, 2022, the United States Environmental Protection Agency (“EPA”) issued interim drinking water health advisories (“HA”) for two PFAS substances and final HAs for two other PFAS compounds. These values range from...more
The United States Environmental Protection Agency (“EPA”) recently added the following five PFAS substances to the list of risk-based Regional Screening Levels (“RSL”) for Chemical Contaminants at Superfund Sites: ...more
On April 27, 2022, the cleanup plan for the Dover Municipal Landfill Superfund Site in New Hampshire was reopened to add 1,4-dioxane as a groundwater contaminant of concern. EPA’s proposed “Explanation of Significant...more
In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have...more
In the absence of an enforceable federal drinking water standard for per- and polyfluoroalkyl substances (“PFAS”), many states have started regulating PFAS compounds in drinking water. The result is a patchwork of regulations...more
On January 10, 2022, the U.S. Environmental Protection Agency (“EPA”) submitted a proposed rule to the White House Office of Management and Budget (“OMB”) to designate perfluorooctanoic acid (“PFOA”) and...more
As anticipated, 2021 was an eventful year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. BCLP has highlighted the key developments in this document, but this is not intended to be a...more
1/13/2022
/ Biden Administration ,
Consumer Product Companies ,
Department of Defense (DOD) ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Food and Drug Administration (FDA) ,
Hazardous Waste ,
Infrastructure ,
Manufacturers ,
NDAA ,
PFAS ,
RCRA ,
Regulatory Agenda ,
Reporting Requirements ,
Toxic Chemicals ,
Wastewater
In a letter to the Governor of New Mexico on October 26, 2021, the Administrator of the United States Environmental Protection Agency (“EPA”) announced that EPA would initiate two important rulemaking efforts to regulate PFAS...more
11/8/2021
/ CERCLA ,
Corrective Actions ,
Due Diligence ,
Environmental Assessments ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Proposed Amendments ,
Proposed Regulation ,
RCRA ,
Rulemaking Process ,
Site Remediation ,
Waste Management
On October 18, 2021, the United States Environmental Protection Agency (“EPA”) unveiled its new plan to investigate and regulate PFAS compounds under a variety of federal environmental laws including the Comprehensive...more
10/28/2021
/ CERCLA ,
Clean Water Act ,
Data Collection ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Hazardous Substances ,
NPDES ,
PFAS ,
Regulatory Oversight ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Wastewater
The United States Environmental Protection Agency (“EPA”) has outlined additional steps that it plans to take to investigate and in some cases regulate the discharge of per- or polyfluoroalkyl compounds (“PFAS”) in certain...more
10/4/2021
/ Comment Period ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Hazardous Waste ,
Manufacturers ,
PFAS ,
Public Comment ,
Regulatory Agenda ,
Regulatory Authority ,
Wastewater ,
Water Supplies
The Environmental Protection Agency (“EPA”) is proposing new reporting requirements for Per- and Polyfluoroalkyl Substances (“PFAS”) that would require manufacturers, including importers, to report on their manufacture or...more
The Environmental Protection Agency (“EPA”) has announced it is taking three actions with respect to per- and polyfluoroalkyl substances (“PFAS”) under the Toxic Substances Control Act (“TSCA”): (1) proposing a rule that is...more
In the absence of an enforceable federal per- and polyfluoroalkyl substances (“PFAS”) drinking water standard, many states have embarked on the process of regulating PFAS compounds in drinking water. The result is a patchwork...more
Typically when considering the regulatory risk presented by per- and polyfluoroalkyl (“PFAS”) compounds, businesses think of the regulation of drinking water, groundwater, and consumer products. However, there is an increased...more
5/26/2021
/ Air Pollution ,
Clean Air Act ,
Consent Decrees ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NDAA ,
Permits ,
PFAS ,
Regulatory Requirements ,
State and Local Government
On July 27, 2020, the Environmental Protection Agency (“EPA”) finalized a significant new use rule (“SNUR”) for PFAS substances and other compounds under the Toxic Substances Control Act (“TSCA”), which was originally...more
Delaware is one of several states that has started regulating per- and polyfluoroalkyl substances (“PFAS”) in drinking water and groundwater. This client alert reflects the status of PFAS regulations in Delaware as of...more
New Mexico is one of several states that has started regulating per- and polyfluoroalkyl substances (“PFAS”) in drinking water. This client alert reflects the status of PFAS regulations in New Mexico as of February 12, 2020....more
In furtherance of the PFAS Action Plan of 2019, the Environmental Protection Agency (“EPA”) is adding certain per-and polyfluoroalkyl substances (“PFAS”) to the list of toxic chemicals subject to reporting under the Toxic...more
1/29/2020
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Comment Period ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Manufacturing Facilities ,
NDAA ,
PFAS ,
Pollution Control ,
Reporting Requirements ,
Rulemaking Process ,
Toxic Chemicals ,
Waste Disposal
Both Congress and United States Environmental Protection Agency (“USEPA”) are working to address what some call a “PFAS contamination crisis.” Enforcement actions and lawsuits have so far focused on the companies that have...more
11/4/2019
/ Chemicals ,
Consumer Product Companies ,
Drinking Water ,
Due Diligence ,
Enforcement Actions ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Manufacturers ,
PFAS ,
Toxic Chemicals
On April 25, 2019, the U.S. Environmental Protection Agency (“EPA”) published its Interim Recommendations for Addressing Groundwater Contaminated with PFOA and PFOS (the “Interim Recommendations”) and received 373 comments...more
10/18/2019
/ CERCLA ,
Contaminated Properties ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
National Action Plan ,
PFAS ,
Public Comment ,
RCRA ,
Regulatory Agenda ,
Toxic Chemicals
Although the Federal Environmental Protection Agency issued its PFAS Action Plan on February 14, 2019 (see our March 27, 2019, client alert), many states have expressed frustration with EPA’s proposed plan and have started...more