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Storage Tanks That Contain PFOA And PFOS Must Now Be Registered In Pennsylvania

The Pennsylvania Department of Environmental Protection (“PADEP”) published guidance regarding registering and permitting storage tanks that contain perfluorooctanoic acid (“PFOA”), perfluorooctanesulfonic acid (“PFOS”). This...more

PADEP Proposes Key PFAS Amendments to Act 2 Regulations

On March 12, 2024, the Pennsylvania Environmental Quality Board (EQB) approved the Pennsylvania Department of Environmental Protection’s (PADEP) proposal to amend the Land Recycling and Remediation Standards Act regulations...more

Update on U.S. EPA’s Proposed Rule to Designate PFOA and PFOS as Hazardous Substances Under CERCLA

We have been closely monitoring the progress of the United States Environmental Protection Agency (“EPA”) proposed rule to designate perfluorooctanic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”), two per- and...more

EPA Revises Schedule for Anticipated CERCLA PFOA and PFOS Hazardous Substance Designation

In September 2022, the United States Environmental Protection Agency (“EPA”) proposed to designate perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), including their salts and structural isomers, as...more

EPA Receives Thousands of Comments On its Proposed PFAS Maximum Contaminant Levels

As discussed in a previous post, the United States Environmental Protection Agency (EPA) proposed a National Primary Drinking Water Regulation to establish maximum contaminant levels for six different PFAS compounds:...more

EPA Requests Comments on Whether to Add More PFAS as “Hazardous Substances” under CERCLA

On April 13, 2023, the United States Environmental Protection Agency (“EPA”) published an Advanced Notice of Proposed Rulemaking (“ANPRM”) in the Federal Register that requested comments on whether EPA should consider...more

EPA Proposes Maximum Contaminant Levels for Six PFAS Compounds

On March 14, 2023, the United States Environmental Protection Agency (EPA) announced the proposed National Primary Drinking Water Regulation (NPDWR) for six PFAS. The public comment period will be open for sixty (60) days...more

Pennsylvania’s PFOA and PFOS Maximum Contaminant Level Rule is Now Final and Effective

Pennsylvania’s new “Safe Drinking Water PFAS MCL Rule” became effective on January 14, 2023, upon the publication of the new regulations in the Pennsylvania Bulletin. As discussed in a previous post, this rulemaking...more

Pennsylvania PFOA/PFOS MCL Regulations Advance to Final Step

On November 17, 2022, the Independent Regulatory Review Commission (“IRRC”) approved the Pennsylvania Environmental Quality Board’s (“EQB”) new safe drinking water maximum contaminant levels (“MCLs”) for perfluorooctanoic...more

EPA Proposes Designation of PFOA and PFOS as Hazardous Substances under CERCLA

On September 6, 2022, the United States Environmental Protection Agency (EPA) published in the Federal Register its proposal to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their...more

How to Respond to an EPA or PADEP PFAS Information Request

As part of its “PFAS Strategic Roadmap,” EPA has stated that it intends to designate PFOA and PFOS as “hazardous substances” under the Comprehensive Environmental Responses, Compensation, and Liability Act (CERCLA). EPA took...more

EPA Issues New Drinking Water Health Advisory Levels for PFOA, PFOS, PFBS, and GenX

On June 15, the United States Environmental Protection Agency (EPA) announced its issuance of lifetime drinking water health advisory levels (HALs) for four per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid...more

EPA Announces Plan to Propose Removal of De Minimis TRI Reporting Exemption for PFAS in Summer 2022

On March 3, 2022, the U.S. Environmental Protection Agency (“EPA”) released its 2020 Toxics Release Inventory (“TRI”) National Analysis report. EPA’s report analyzes the most recent Toxic Release Inventory (“TRI”) data and...more

EPA Publishes UCMR 5 Rule to Require Sampling and Monitoring of 29 PFAS

The federal Safe Drinking Water Act (SDWA) requires that once every five years, the United States Environmental Protection Agency (EPA) publish a list of unregulated contaminants to be monitored by public water systems (PWS)...more

New Pennsylvania DEP PFOA and PFOS Cleanup Standards are Now Effective

New Pennsylvania Department of Environmental of Protection (“PADEP”) regulations that include new cleanup standards for three per- and polyfluoroalkyl substances (PFAS) were published in the Pennsylvania Bulletin on...more

EPA Publishes Draft PFAS Analytical Method for Array of Environmental Media

This past August, EPA published Draft Method 1633 – Analysis of Per- and Polyfluoroalkyl Substances (“PFAS”) in Aqueous, Solid, Biosolids, and Tissue Samples by LC-MS/MS. Once, finalized, this single laboratory validated...more

PA Independent Regulatory Review Commission Approves Rulemaking with PFOA and PFOS Cleanup Standards

On September 23, 2021, the Pennsylvania Independent Regulatory Review Commission (IRRC) approved a final form rulemaking that revises the Pennsylvania Department of Environmental Protection’s (PADEP) regulations that...more

New Pennsylvania PFOS And PFOA Cleanup Standards Reach Final Major Regulatory Hurdle

The process to revise regulations in Pennsylvania is often long and involved, and the Pennsylvania Department of Environmental Protection’s (PADEP) revision to its Act 2 Chapter 250 regulations to incorporate cleanup...more

PADEP Approves NPDES Permit With PFOA And PFOS Discharge Limits

On March 24, 2021, the Pennsylvania Department of Environmental Protection (PADEP) announced that it issued an National Pollutant Discharge Elimination System (NPDES) permit to the Biddle Air National Guard Base (ANGB)...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

Implications Of EPA Designation Of PFOA and PFOS As “Hazardous Substances”

The Biden Administration has pledged to designate certain PFAS as hazardous substances under federal law. What effect would the United States Environmental Protection Agency’s (EPA) designation of PFOA and PFOS as “hazardous...more

EPA’s PFOA And PFOS “Hazardous Substance” Designation Process

For the past several years, much attention has been focused on the United States Environmental Protection Agency’s (EPA) legal authority to respond to PFAS contamination. When EPA published its PFAS Action Plan in February...more

Duty To Defend: Under North Carolina Law, Insurer Must Defend Personal Injury Claims Arising From Direct Exposure To AFFF Despite...

The U.S. District Court in the Western District of North Carolina recently held in Colony Insurance Co. v. Buckeye Fire Equipment Co. that an insurance company must defend personal injury claims arising from direct exposure...more

Update On New Hampshire PFAS Standards

In a previous post, we noted the New Hampshire Superior Court’s issuance of a preliminary injunction enjoining the New Hampshire Department of Environmental Services (NHDES) from implementing final maximum contaminant levels...more

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