News & Analysis as of

PFAS Final Rules

Jones Day

Federal PFAS Reporting Deadline Extended as Biden Administration Announces New PFAS Strategic Plan

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The White House revealed its latest strategy to address PFAS, and the EPA extended the reporting deadline for its PFAS reporting rule....more

Farella Braun + Martel LLP

EPA Publishes Direct Final Rule Delaying TSCA Section 8(a)(7) PFAS Reporting by Eight Months

On September 5, 2024, EPA published a direct final rule delaying by eight months the one-time reporting required under TSCA section 8(a)(7) for entities manufacturing or importing PFAS at any time between 2011-2022. This rule...more

Pierce Atwood LLP

EPA Delays TSCA PFAS Reporting Deadlines

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The Environmental Protection Agency (EPA) just issued a direct final rule amending reporting deadlines for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). As described in our...more

ArentFox Schiff

EPA Pumps the PFAS Brakes by Postponing the Reporting Deadline for Past PFAS Use in Consumer Products by Eight Months

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The US Environmental Protection Agency (EPA) has just announced an eight-month postponement of the start of a major reporting requirement for past use of per- and polyfluoroalkyl substances (PFAS) in consumer products due to...more

BCLP

Possible Reprieve on Federal PFAS Reporting Under TSCA: US EPA Issues Direct Final Rule Extending TSCA PFAS Reporting Deadlines

BCLP on

Companies subject to the Toxic Substances Control Act (“TSCA”) Section 8(a)(7) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances (“PFAS”)—also known as the “TSCA PFAS Reporting...more

Akin Gump Strauss Hauer & Feld LLP

Proposed CERCLA Designation of PFOA and PFOS

On May 8, 2024, the U.S. Environmental Protection Agency (EPA) published its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

PFAS/CERCLA: Associated General Contractors of America, Inc./National Waste & Recycling Association/Chamber File Judicial...

Three organizations filed a petition in the United States Court of Appeals for the District of Columbia challenging the United States Environmental Protection Agency’s (“EPA”) designation of perfluorooctanoic acid (“PFOA”)...more

Holland & Knight LLP

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

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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

Moore & Van Allen PLLC

Implications of PFAS CERCLA liability for the commercial real estate industry

Moore & Van Allen PLLC on

What do you get when you combine a strict liability statute that could apply to every commercial property and a “forever chemical” that could exist almost everywhere? Designation of Perfluorooctanoic Acid (PFOA) and...more

Bergeson & Campbell, P.C.

EPA Issues Final Rule Requiring TRI Reporting for Seven Additional PFAS

The U.S. Environmental Protection Agency (EPA) published a final rule on May 17, 2024, to update the list of chemicals subject to Toxics Release Inventory (TRI) reporting to include seven additional per- and polyfluoroalkyl...more

Pierce Atwood LLP

EPA Adds Seven More PFAS To Toxics Release Inventory Reporting Program for Reporting Year 2024

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The U.S. Environmental Protection Agency (EPA) continues to add specific per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) program under Section 313 of the Emergency Planning and Community...more

Williams Mullen

EPA Adds Seven PFAS Chemical Compounds to the Toxic Release Inventory

Williams Mullen on

In a final rule published on May 17, 2024, and to become effective June 17, 2024, EPA has added seven per- and polyfluoroalkyl substances (PFAS) to the list of chemicals subject to toxic chemical release reporting under the...more

BCLP

PFAS in Groundwater: State-by-State Regulations - May 2024

BCLP on

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

Maron Marvel

PFAS Enforcement Discretion and Settlement Policy Under CERCLA

Maron Marvel on

On April 17, 2024, the EPA signed a final rule to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. The...more

ArentFox Schiff

PFAS Phaseout Bill Introduced in Congress as State and EPA Regulations Develop

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Amid a rise in state laws and regulations governing per- and polyfluoroalkyl substances (PFAS), two congressional Democrats introduced the Forever Chemical Regulation and Accountability Act (FCRAA) in their respective...more

Quarles & Brady LLP

EPA’s Designation of Certain PFAS as Hazardous Substances Under CERCLA Will Have Wide-Ranging Impacts

Quarles & Brady LLP on

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication final rule and an associated enforcement policy concerning two common types of per-and polyfluoroalkyl substances (PFAS):...more

Holland & Knight LLP

EPA Designates 2 PFAS Compounds as Hazardous Substances

Holland & Knight LLP on

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

Farella Braun + Martel LLP

New PFAS Listing Under Superfund Will Lead to Major Expansion of Liability

On April 19, 2024, the U.S. Environmental Protection Agency (USEPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under Section 102(a) of...more

BCLP

EPA Designates PFOS and PFOA as CERCLA Hazardous Substances

BCLP on

On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more

ArentFox Schiff

EPA Finalizes Rule Designating Two PFAS as Hazardous Substances Under CERCLA and Issues PFAS Enforcement Policy

ArentFox Schiff on

Earlier this week, the US Environmental Protection Agency (EPA) finalized a new rule designating two per- and polyfluorinated substances (PFAS), perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as...more

Foley & Lardner LLP

U.S. EPA Finalizes Designation of Two PFAS Chemicals as Hazardous Substances Under CERCLA

Foley & Lardner LLP on

On April 19, the U.S. Environmental Protection Agency (EPA) released its long-awaited final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers,...more

Ballard Spahr LLP

EPA Finalizes Superfund and Drinking Water PFAS Rules

Ballard Spahr LLP on

The U.S. Environmental Protection Agency (EPA) finalized two of the most anticipated environmental regulations related to per- and polyfluoroalkyl substances—known as PFAS—in the past two weeks: listing of PFOA and PFOS as...more

McGlinchey Stafford

EPA’s Hazardous Substance Designation of Certain PFAS Compounds Impacts Real Estate Due Diligence

McGlinchey Stafford on

On April 17, 2024, the U.S. Environmental Protection Agency (EPA) issued a Pre-Publication Notice that it was submitting a final rule (Rule) for publication in the Federal Register, designating perfluorooctanoic acid (PFOA)...more

Pillsbury - PFAS Observer

EPA Finalizes Rule Designating PFAS Substances as Hazardous Constituents Under CERCLA

On April 19, 2024, the Environmental Protection Agency (EPA) finalized its long-awaited rule designating two PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances”...more

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