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
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
States are getting in line to dish out food-packaging related PFAS regulations. So far, seven states have enacted regulations concerning PFAS substances in food packaging containers and materials (“Food Packaging”). ...more
Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by regulations regarding the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products....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
33 states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’ clothing...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
Seventeen states have either enacted or proposed limitations regarding using PFAS substances in food packaging containers and materials (“Food Packaging”). These regulations are intended to address public and agency concerns...more
North Carolina has begun the process of regulating per- and polyfluoroalkyl substances (“PFAS”) in drinking water and groundwater. This client alert reflects the status of PFAS regulations in North Carolina as of November 16,...more
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
31 states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’ clothing...more
New York regulates per- and polyfluoroalkyl substances (“PFAS”) in drinking water, consumer products, firefighting foam, Personal Protective Equipment (“PPE”), and recently proposed the regulation of PFAS in air emissions. ...more
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
California is one of several states that has started regulating per- and polyfluoroalkyl substances (“PFAS”) in drinking water, consumer products, personal protective equipment (“PPE”), and firefighting foam.
In...more
As with many other states, Arizona has begun taking certain measures to address per and polyfluoroalkyl substances in drinking water and firefighting foam. This client alert reflects the status of PFAS regulations in Arizona...more
Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by regulations regarding the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products....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
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
Many states have expressed frustration with the lack of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, and have started the process of regulating PFAS in groundwater themselves. As...more