The regulation of per- and polyfluoroalkyl substances (“PFAS”) in drinking water remains one of the primary focuses for legislatures and agencies at both the state and federal levels....more
9/16/2024
/ Drinking Water ,
Environmental Testing ,
Hazardous Substances ,
New Regulations ,
PFAS ,
Popular ,
Proposed Legislation ,
Proposed Regulation ,
Public Health ,
Regulatory Requirements ,
State and Local Government ,
Testing Requirements ,
Toxic Chemicals
On May 1, 2024, Colorado governor Jared Polis signed SB-81, a bill entitled the "Perfluoroalkyl and Polyfluoroalkyl Consumer Protection Act." As discussed below, this bill expands Colorado’s existing restrictions on the use...more
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
In 2021, Maine passed the most sweeping law related to the regulation of PFAS in consumer products at that time. Subsequently, the law was amended in 2023, and on April 16, 2024, Governor Mills signed L.D. 1537, entitled “An...more
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
4/29/2024
/ CERCLA ,
Contamination ,
Department of Transportation (DOT) ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Manufacturers ,
PFAS ,
Potentially Responsible Party (PRP) ,
Reporting Requirements ,
Site Remediation ,
Toxic Chemicals ,
Wastewater
On April 10, 2024, the United States Environmental Protection Agency (“EPA”) issued its long-anticipated National Primary Drinking Water Regulation (“NPDWR”) establishing Maximum Contaminant Levels (“MCLs”) for certain PFAS...more
As discussed in more detail in BCLP’s 2023 federal recap client alert, per- and polyfluoroalkyl substances (“PFAS”) were a major focus for the United States Environmental Protection Agency (“EPA”) in 2023, and 2024 will...more
As expected, 2023 was an expansive year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took (or at least proposed)...more
2/8/2024
/ CERCLA ,
Clean Water Act ,
Contaminated Properties ,
Contamination ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Standards ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Water Supplies
On October 18, 2023, the United States Environmental Protection Agency (“EPA”) issued a rule to modify the reporting requirements for PFAS under the Toxics Release Inventory (“TRI”) program. Specifically, the EPA is...more
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
On September 28, 2023, the United States Environmental Protection Agency (“EPA”) issued a pre-publication rule for reporting and recordkeeping requirements regarding per- and polyfluoroalkyl substances (“PFAS”) under the...more
10/6/2023
/ Commercial Use ,
Compliance ,
Contamination ,
Discharge of Pollutants ,
Due Diligence ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Imports ,
Look-Back Measurement Period ,
Manufacturers ,
PFAS ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
On May 25, 2023, the United States Supreme Court issued its long-awaited opinion in Sackett v. U.S. Environmental Protection Agency, diving back into a decades-long debate over the definition of “waters of the United States”...more
6/6/2023
/ Clean Water Act ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Real Estate Development ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On May 3, 2023, Cynthia Lummis (R-WY) introduced five bills in the U.S. Senate proposing several PFAS liability exemptions to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”)....more
5/23/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CERCLA ,
Contamination ,
Discharge of Pollutants ,
Environmental Impact Report (EIR) ,
Environmental Liability ,
Exemptions ,
Hazardous Substances ,
PFAS ,
Proposed Legislation ,
Public Health ,
Toxic Chemicals
On December 15, 2022, the United States Environmental Protection Agency (“EPA”) published a final rule amending the Standards and Practices for All Appropriate Inquiries (“AAI”) to incorporate and adopt the American Society...more
On October 28, 2022, the U.S. Environmental Protection Agency (“EPA”) listed 1,4-dioxane on the Fifth Contaminant Candidate List (“CCL 5”). This is an important step to EPA’s potential regulation of 1,4-dioxane under the Safe...more
Workers may be exposed, and ultimately injured, by exposure to 1,4-dioxane. The principal pathway of exposure, as discussed below, is through inhalation....more
In a growing trend to regulate the chemicals contained in consumer products, numerous states are enacting laws and regulations to address the presence of 1,4-dioxane in consumer products. 1,4-dioxane is a synthetic industrial...more
9/23/2022
/ Cancer ,
Consumer Product Companies ,
Cosmetics ,
Environmental Protection Agency (EPA) ,
Food and Drug Administration (FDA) ,
Manufacturers ,
OEHHA ,
Personal Care Products ,
Proposed Legislation ,
Proposition 65 ,
Public Health ,
Regulatory Agenda ,
Toxic Chemicals
There is no federal drinking water standard for 1,4-dioxane, but as illustrated by a recent press release for the Industrial Excess Landfill Superfund Site in Ohio, the U.S. Environmental Protection Agency (EPA) and state...more
1,4-Dioxane is an emerging contaminant. Like “traditional” volatile organic compounds, it has the potential to volatilize and enter indoor air. This article explores why businesses should consider conducting a VI assessment...more
As illustrated by the May 11, 2022, press release for the Industrial Excess Landfill Superfund Site in Uniontown, Ohio, the U.S. Environmental Protection Agency (“EPA”) and state environmental agencies have begun directing...more
On April 27, 2022, the cleanup plan for the Dover Municipal Landfill Superfund Site in New Hampshire was reopened to add 1,4-dioxane as a groundwater contaminant of concern. EPA’s proposed “Explanation of Significant...more
In a letter to the Governor of New Mexico on October 26, 2021, the Administrator of the United States Environmental Protection Agency (“EPA”) announced that EPA would initiate two important rulemaking efforts to regulate PFAS...more
11/8/2021
/ CERCLA ,
Corrective Actions ,
Due Diligence ,
Environmental Assessments ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Proposed Amendments ,
Proposed Regulation ,
RCRA ,
Rulemaking Process ,
Site Remediation ,
Waste Management
There are new chemical regulations on the block, and your company’s supply chain might be implicated. These rules prohibit both the manufacturing of certain bioaccumulating chemicals as well as the distribution of products...more
EPA recently designated more than 20 chemicals as “high priority” chemicals warranting further risk assessments. These include chemicals frequently found in plastics, building materials, cleaners, and flame retardants....more
Construction employers are now subject to OSHA’s Respirable Crystalline Silica rule, which became enforceable on September 23, 2017. OSHA published a guidance memorandum dated September 20, 2017, which set forth a 30-day...more