On April 10, 2024, the Environmental Protection Agency (EPA) finalized a National Primary Drinking Water Regulation under the Safe Drinking Water Act to establish Maximum Contaminant Levels (MCLs) for five per- and...more
As regulation of the use of PFAS in consumer products continues to develop at a rapid pace in the United States, businesses that manufacture or sell products internationally should also keep their fingers on the pulse of...more
The Environmental Protection Agency (EPA) is continuing its push to regulate per- and polyfluoroalkyl substances (PFAS). Just last week, the agency’s revised PFAS regulations under the Safe Drinking Water Act (SDWA) cleared a...more
The clock is winding down on businesses interested in commenting on EPA’s proposal to designate nine per- and polyfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recover Act (RCRA)....more
As in 2023, Congress continues to focus on PFAS issues in the first months of 2024. In this 118th Congress, at least 39 bills focused on PFAS have been introduced along with several dozen additional bills that tangentially...more
The risks associated with PFAS-containing materials are expanding into new areas, as litigation and regulatory enforcement actions continue to rise. Recent trends suggest that employers who provide fire protection gear to...more
On October 2023, the U.S. Environmental Protection Agency (EPA) published a final rule in the Federal Register modifying reporting requirements for per- and polyfluoroalkyl substances (PFAS) in the Toxics Release Inventory...more
On September 20, 2023, the Consumer Product Safety Commission (CPSC) published a Federal Register Notice to request information on PFAS from “all stakeholders such as consumers, manufacturers and importers, government...more
On September 28, 2023, the U.S. Environmental Protection Agency (EPA) finalized the long-awaited one-time reporting rule for per- and polyfluoroalkyl substances (PFAS) that the Agency had proposed in June 2021 under Section...more
On August 17, 2023, the U.S. Environmental Protection Agency (EPA) released preliminary results from the fifth Unregulated Contaminant Monitoring Rule (UCMR) under Section 1445(a)(2) of the Safe Drinking Water Act (SDWA). The...more
In April 2023, the EPA issued an Advanced Notice of Proposed Rulemaking (ANPRM) requesting input on the designation of seven PFAS as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and...more
Maine proposes a new rule to its PFAS legislation, while the Massachusetts Legislature considers two bills around banning specific PFAS-containing products.
Since many companies that do business in the United States do so...more
Partly driven by recent litigation involving the presence of PFAS in cosmetics, the Modernization of Cosmetics Regulation Act (MoCRA) of 2022 mandates more stringent FDA regulation of companies that manufacture cosmetics and...more
As expected, as part of the implementation of its 2021 PFAS Strategic Roadmap, the United States Environmental Protection Agency (EPA) has proposed a new rule to establish Safe Drinking Water Act Maximum Contaminant Levels...more
Since mid-2022, North Carolina, California, Wisconsin and Illinois each have sued primary and secondary manufacturers of PFAS and PFAS-containing products for alleged environmental damage caused by the distribution of their...more
Multiple states have enacted laws that impose prohibitions or notification obligations on the commercial distribution of PFAS-containing products, with requirements under the laws of three states (California, Maine and New...more
1/23/2023
/ Consumer Protection Laws ,
Department of Environmental Protection ,
Enforcement ,
Importers ,
Insurance Industry ,
Manufacturers ,
Noncompliance ,
Notification Requirements ,
PFAS ,
Product Labels ,
Toxic Chemicals ,
Wholesale
EPA has proposed a special one-time reporting rule that will require businesses to go on record with the agency memorializing their contributions to PFAS in the marketplace.
The final PFAS reporting rule is expected to be...more
10/4/2022
/ Chemical Data Reporting ,
Corporate Counsel ,
Enforcement ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
FOIA ,
PFAS ,
Proposed Rules ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
EPA released a pre-publication notice of its long-anticipated proposed rule to designate certain PFOS and PFOA as CERCLA (Superfund) hazardous substances.
CERCLA hazardous substances designation would fulfill an important...more
New federal health advisory levels for per- and polyfluoroalkyl substances reflect added stringency of PFAS regulation and raise concerns about effective monitoring.
The Biden Administration’s EPA continues its push to...more
In August, we provided an overview of the recent increase in regulatory and private litigation activity around per- and polyfluoroalkyl substances (PFAS), colloquially known as “forever chemicals,” and potential insurance...more
The agenda-setting document promises rulemakings across multiple EPA programs to expand the scope—and accelerate the pace—of PFAS regulation.
The Biden administration continues the beat on PFAS regulation by releasing its...more
12/7/2021
/ Biden Administration ,
CERCLA ,
Clean Air Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
EPCRA ,
New Regulations ,
NPDES ,
PFAS ,
Rulemaking Process ,
Safe Drinking Water Act ,
Toxic Substances Control Act (TSCA)
What to Do When You Receive an Information Request or Subpoena from a Governmental Agency about PFAS -
Federal and state governments use information requests and subpoenas to gather information about a business’s...more
6/29/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
CERCLA ,
Chemicals ,
Clean Air Act ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Information Requests ,
NDAA ,
PFAS ,
Proposition 65 ,
Risk Assessment ,
Safe Drinking Water Act ,
Subpoenas
Mounting public and regulatory concerns regarding widespread phthalate exposure may result in a rapid expansion of regulatory and litigation risk for impacted businesses.
Phthalates are chemicals found in a wide range of...more
6/16/2021
/ CERCLA ,
Clean Water Act ,
Consumer Product Safety Commission (CPSC) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Food and Drug Administration (FDA) ,
Hazardous Substances ,
PFAS ,
Regulatory Standards ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
PFAS continues to be an area of focus for EPA and state agencies, as well as an ever-increasing litigation risk for companies that have manufactured, imported, processed, or otherwise used products including chemicals...more
2/23/2021
/ CERCLA ,
Clean Water Act ,
Contamination ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
EPCRA ,
Hazardous Substances ,
Multidistrict Litigation ,
PFAS ,
Safe Drinking Water Act ,
Toxic Substances Control Act (TSCA)
On June 22, 2020, EPA finalized a rule adding 172 PFAS to the list of chemicals subject to annual reporting under the Toxic Release Inventory Program.
The reporting deadline for PFAS on the updated Toxic Release Inventory...more