News & Analysis as of

Environmental Protection Agency (EPA) Public Health Regulatory Reform

Hinckley Allen

The Next Big Area of Environmental Regulation: PFAS & the Evolving Federal Regulations: Part II (UPDATED)

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This is Part II of a three part series.  Check out Part I, where our attorneys explain what PFAS is, and stay tuned for Part III, where our attorneys delve further into certain state regulations on PFAS....more

Nossaman LLP

EPA’s Enforcement Discretion and Settlement Policy for its PFAS CERCLA Rule | Part II: A Salve or Hot Air?

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PART II - As detailed in Part 1 of this eAlert, on April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS),...more

Snell & Wilmer

EPA opens the Door to Widespread Liability to Businesses

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EPA’s listing of two “forever Chemicals” as CERCLA hazardous substances will re-open sites that companies had thought were closed. And every user of a product that contained them may become responsible for a share of the...more

Bodman

EPA Submits Final Rules Identifying PFAS as Hazardous Substances

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The United States Environmental Protection Agency (EPA) has submitted final rules that affect businesses that manufactured or used PFAS substances and establish maximum contaminant levels (MCLs) for drinking water....more

Foley Hoag LLP - Environmental Law

EPA Designates PFAS as Hazardous Substances; EPA Is More Confident Than I Am that the Sky Isn't Fall

Last Friday, EPA formally designated perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) – including their salts and structural isomers! – as hazardous substances under CERCLA. I cannot really quarrel with...more

Jones Day

EPA Designates PFOA and PFOS as CERCLA Hazardous Substances

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On April 19, 2024, EPA announced its highly anticipated final rule designating two polyfluoroalkyl substances ("PFAS")—perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid ("PFOS")—as "hazardous substances" under...more

Nossaman LLP

EPA Designates Two PFAS as Hazardous Substances Under CERCLA | Part I: Impacts on Potentially Responsible Parties

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On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two of the most common and well-known per- and...more

Stinson LLP

EPA Finalizes Groundbreaking Rule to Regulate Two PFAS under CERCLA

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On Friday, April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its Final Rule (the Rule) designating two widely used per- and polyfluoroalkyl substances (PFAS) –...more

Jones Day

EPA Issues the First-Ever National Drinking Water Standard for PFAS

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On April 10, 2024, the U.S. Environmental Protection Agency ("EPA") announced its highly anticipated final National Drinking Water Regulation ("NPDWR") for six per-and polyfluoroalkyl substances ("PFAS"), which establishes...more

Goldberg Segalla

SCOTUS Poised to Shove Thy Neighbor on EPA Law

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In March 2023, the EPA issued its final Good Neighbor Plan, the last in a series of legislations designed to reduce emissions of ozone-forming nitrogen oxide (NO2) which cross state borders. Specifically, the Plan was...more

Robinson+Cole Environmental Law +

Nine PFAS Compounds Proposed to be Hazardous Constituents Under RCRA

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) published two proposed rules in the Federal Register that would expand the EPA’s authority to address certain per-and polyfluoroalkyl substances (PFAS) under...more

Nossaman LLP

EPA Takes Next Step in PFAS Regulations – Proposing Adding Nine PFAS as Hazardous Constituents

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On January 31, 2024, the U.S. Environmental Protection Agency (EPA) announced that it is proposing to list nine per- and polyfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recovery...more

Troutman Pepper

EPA Revises HFC Rule for Refrigeration and Air Conditioning Products

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On December 26, 2023, the U.S. Environmental Protection Agency (EPA) published an Interim final rule updating its October final rule restricting the use of some hydrofluorocarbons (HFCs), a key substance used in refrigeration...more

Jones Day

EPA's PFAS Reporting Rule Requires Broad Retroactive Disclosure of PFAS Data

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The Situation: In 2019, Congress amended the Toxic Substances Control Act ("TSCA") to require the Environmental Protection Agency ("EPA") to promulgate a reporting rule on per- and polyfluoroalkyl substances ("PFAS"). EPA...more

Nossaman LLP

EPA Finalizes PFAS Reporting Requirements

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On September 28, 2023, the U.S. Environmental Protection Agency (EPA) finalized its rule requiring reporting of per- and polyfluoroalkyl substances (PFAS). According to EPA’s press release, the rule is intended to “provide...more

Jenner & Block

EPA Drops First Set of UCMR 5 Data

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U.S. EPA released the first set of data collected by public water systems (PWS) pursuant to the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5). UCMR 5 required PWS serving more than 10,000 customers to sample for 29...more

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

Small/Intermediate Gasoline Bulk Storage Plants/NESHAP: Congressional Letter to U.S. Environmental Protection Agency Requesting...

A combined 82 Senators and Members of the United States House of Representatives sent a May 22nd letter to United States Environmental Protection Agency Administrator Michael Regan addressing certain aspects of EPA’s proposed...more

Jones Day

EPA Proposes Stricter Mercury and Air Toxics Standards for Power Plants

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The Environmental Protection Agency ("EPA") has announced a new proposed rule that would strengthen the National Emission Standards for Hazardous Air Pollutants ("NESHAP") for Coal- and Oil- Fired Electric Utility Steam...more

Eversheds Sutherland (US) LLP

Not more than one (PFAS) drop per 5 olympic pools! EPA sets stage for turbulent patchwork of local PFAS regulations

In March 2023, the Administration took another major step in its strategic roadmap to combat and hold PFAS users accountable for PFAS contamination by proposing new rules establishing the first-ever national drinking water...more

Robinson+Cole Environmental Law +

EPA Proposes Enforceable Drinking Water Standards For PFAS

Last week EPA released its proposal for the first set of Maximum Contaminant Levels (MCLs) under the Clean Water Act for per- and polyfluoroalkyl substances (PFAS).  In contrast to non-enforceable health advisory levels...more

Robinson+Cole Environmental Law +

EPA’s Proposal to Tighten the Fine Particulate NAAQS: What's Proposed, Who's Potentially Impacted

On January 6, 2023, the U.S. Environmental Protection Agency (the EPA) released a pre-publication copy of a Proposed Rule, which will lower the annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter...more

Nossaman LLP

House Passes Nearly $38 Billion in Funding for Water Projects as Part of National Defense Authorization Act

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On December 6, 2022, the U.S. House of Representatives passed the National Defense Authorization Act (NDAA) by a bipartisan vote of 350-80. The NDAA includes the Water Resources Development Act (WRDA) of 2022, which includes...more

Robinson+Cole Environmental Law +

Ozone Nonattainment “Bump-up” in Connecticut: Is your facility about to get bumped into more stringent air regulations?

For air emission sources in New Haven County, Middlesex County, and Shelton, Connecticut, the regulatory landscape will change on November 7, 2022.  Per a regulation published on October 7, 2022, EPA is reclassifying the...more

Adler Pollock & Sheehan P.C.

Rhode Island Enacts Laws to Place Limits on So-Called “Forever Chemicals”

On June 27, 2022, two new laws went into effect to place limits and regulate the levels of certain Per-and Polyfluoroalkyl Substances (“PFAS”) chemicals in drinking water, ground water, surface waters, and landfills...more

MG+M The Law Firm

California Adds PFAS to List of Chemicals Subject to Prop 65 Enforcement Actions

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California has just added per- and poly-fluoralkyl substances (PFAS) to the list of chemicals requiring consumer warnings under Proposition 65, meaning that state residents can soon expect to see the words “cancer” and...more

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