News & Analysis as of

Comment Period Comprehensive Environmental Response, Compensation and Liability Act

Lathrop GPM

EPA Releases Long Awaited Risk Assessment of PFOA and PFOS in Biosolids

Lathrop GPM on

On January 14, 2025, the EPA released for public comment a risk assessment report evaluating the potential risks associated with land application and land disposal of biosolids containing two types of PFAS, PFOA and PFOS....more

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

PFAS/Advanced Notice of Proposed Rulemaking: ASTSWMO Comments on EPA Query Regarding Additional CERCLA Hazardous Designations

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) submitted June 15th comments on the United States Environmental Protection Agency’s (“EPA”) Advanced Notice of Proposed Rulemaking...more

BCLP

PFAS Update: EPA Issues Advance Notice of Proposed Rulemaking to Designate Seven or Potentially Many More PFAS Compounds As...

BCLP on

EPA has spent the last several years working on listing perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the Comprehensive Environmental Response, Compensation, and...more

Vinson & Elkins LLP

Seven More PFAS for Superfund? EPA’s Potential Designation of New Hazardous Substances Under CERCLA

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The EPA (or “Agency”) is seeking public input and data regarding the potential future designation of seven per- and polyfluoroalkyl substances (“PFAS”) under the Comprehensive Environmental Response, Compensation, and...more

Beveridge & Diamond PC

EPA Seeks Comments on Potential Designation of Additional PFAS as CERCLA Hazardous Substances

Beveridge & Diamond PC on

On April 13, 2023, the U.S. Environmental Protection Agency (EPA) published in the federal register an Advanced Notice of Proposed Rulemaking (ANPRM) seeking public input to inform its decision whether to designate additional...more

Jenner & Block

To Broaden or Not to Broaden--U.S. EPA Solicits Input on Whether to Add Additional PFAS to CERCLA’s List of Hazardous Substances

Jenner & Block on

As we await final agency action on U.S. EPA’s pending rulemaking to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as CERCLA hazardous substances, U.S. EPA has just published an advanced...more

Holland & Knight LLP

EPA's Latest CERCLA Action on PFAS

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The U.S. Environmental Protection Agency (EPA) on April 12, 2023, released an Advance Notice of Proposed Rulemaking (ANPRM) seeking public input and data to assist in the consideration of potential development of future...more

Greenberg Glusker LLP

EPA Issues Historic Rules on Drinking Water

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In an unprecedented move, the federal government proposed strict new rules limiting the presence of a class of chemicals known as per- and polyfluoroalkyl substances, or “PFAS,” in the nation’s drinking water – a decision...more

Best Best & Krieger LLP

U.S. Environmental Protection Agency Proposes New Primary Drinking Water Regulations for Six Forever Chemicals

Regulation Would Apply to PFOA, PFOS, GenX, PFBS, PFHxS, and PFNA - On March 14, 2023, the U.S. Environmental Protection Agency (EPA) proposed new primary drinking water regulations for six of the most common per- and...more

Latham & Watkins LLP

DOI Seeks Comments on Proposal to Expand Natural Resource Damage Assessment Procedures

Latham & Watkins LLP on

The advanced notice of proposed rulemaking signals DOI’s interest in developing faster and more cost-effective methods to quantify natural resource damage claims. On January 18, 2023, the US Department of the Interior...more

Foley Hoag LLP - Energy & Climate Counsel

MassCEC and MA DOER Issue RFP for Energy Storage Market Update and Strategy Study

Earlier this month, the Massachusetts Clean Energy Center (MassCEC) and the Massachusetts Department of Energy Resources (DOER) issued a Request for Proposals for a consultant to conduct an energy storage market update and...more

BakerHostetler

EPA Designates PFOS and PFOA as Hazardous Substances

BakerHostetler on

On September 6, the United States Environmental Protection Agency (EPA) issued a notice of proposed rulemaking to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under...more

Woods Rogers

EPA Proposes to Incorporate New Environment Due Diligence Standard

Woods Rogers on

On March 14, 2022, EPA published a Direct Final Rule and a Proposed Rule that would incorporate ASTM International’s (“ASTM”) updated standard for conducting Phase I Environmental Site Assessments (“Phase I ESAs”) into EPA’s...more

Womble Bond Dickinson

EPA Seeks Comments on New ASTM Standard for Phase I All Appropriate Inquiry

Womble Bond Dickinson on

On March 14, 2022, the United States Environmental Protection Agency (“EPA”) issued a proposed and direct final rule, which amends the Standards and Practices for All Appropriate Inquiries (“AAI”) by referencing the ASTM...more

BakerHostetler

IRS Provides Initial and Limited Guidance on Newly Reinstated ‘Superfund Tax’

BakerHostetler on

Last month, the IRS published Notice 2021-66, issued in response to the Infrastructure Investment and Jobs Act’s (Jobs Act) reinstatement of the previously expired “Superfund Tax”—an excise tax imposed on manufacturers,...more

Kilpatrick

TSCA’s Information Grab – Manufacturers and Importers Subject to Proposed Expansive Ten-Year “Look Back” PFAS Reporting...

Kilpatrick on

Did you manufacture or import a water repellant t-shirt or a nonstick cooking pan or high performance mountain wear in the past ten years? If so, you could be required to provide ten years of past data and details regarding...more

Holland & Knight LLP

Fifteen States and State Associations Comment on EPA’s Draft PFAS Guidance

Holland & Knight LLP on

In the latest development in the federal government's efforts to develop a framework for addressing groundwater contaminated with perfluorooctanoic acid (PFOA) and/or perfluorooctane sulfonate (PFOS), the United States...more

Sullivan & Worcester

PFAS Regulatory Update

Sullivan & Worcester on

As in previous postings, we discuss recent state regulatory initiatives aimed at addressing groundwater and drinking water contamination by per- and polyfluoroalkyl substances ("PFAS"). PFAS are a group of synthetic chemicals...more

Pillsbury - Gravel2Gavel Construction & Real...

Future Environmental Rulemaking Proceedings Listed in the Spring 2019 Unified Federal Agenda

The latest federal regulatory agenda has been released, which, among other matters, lists proposed and projected environmental regulatory proceedings being considered by different departments and agencies. ...more

Womble Bond Dickinson

EPA Seeks Comments on Draft Interim Recommendations for Addressing Emerging Contaminants PFOA and PFOS in Groundwater

Womble Bond Dickinson on

EPA has released its Draft Interim Recommendations for Addressing Groundwater Contaminated with Perfluorooctanoic acid (PFOA) and Perfluorooctane sulfonate (PFOS) for public review and comment as part of the Agency’s PFAS...more

Holland & Knight LLP

EPA Issues Draft Interim PFAS Guidelines for Public Comment

Holland & Knight LLP on

On April 25, 2019, The U.S. Environmental Protection Agency (EPA) announced issuance of Draft Interim Recommendations to Address Groundwater Contaminated with Perfluorooctanoic Acid and Perfluorooctane Sulfonate. According to...more

Sullivan & Worcester

Symposium Spotlights Natural Resource Damage Regulations Under DOI Review

Sullivan & Worcester on

Section 301(c) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) authorizes the Federal government, States and federally recognized Indian Tribes to act as "trustees" on behalf of the...more

Perkins Coie

Comment Period Begins for EPA CERCLA 108(b) Bonding Rule for Hardrock Mining Industry

Perkins Coie on

On January 11, 2017, the Environmental Protection Agency’s proposed rule for financial assurance requirements under Section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act for the hardrock...more

Williams Mullen

Environmental Notes - March 2016

Williams Mullen on

U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more

Williams Mullen

EPA Seeks to Add Subsurface Intrusion to CERCLA Hazard Ranking System

Williams Mullen on

The National Priorities List (“NPL”) is EPA’s list of the most contaminated sites in the country that warrant cleanup under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, (“CERCLA” a/k/a...more

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