American Chemistry Council Challenges EPA’s New PFOA and PFOS Health Advisories for Drinking Water

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Also late this summer, the American Chemistry Council (ACC) filed a petition with the Court of Appeals, District of Columbia Circuit challenging EPA’s recent interim Lifetime Health Advisories on Four Perfluoroalkyl Substances,which updated EPA’s standards for PFOA and PFOS in drinking water from 70 parts per trillion (ppt) each to 0.004 ppt and 0.02 ppt, respectively (as we reported on earlier this year). Specifically, the Petition alleges that EPA’s interim health advisories set impossibly low standards for PFOA and PFOS in drinking water based on “flawed” science that does not rely on the “best available, peer-reviewed science” as required by the Safe Drinking Water Act. The petition also challenges EPA’s issuance of “interim” health advisories as procedurally improper.

Given the influence of EPA health advisories on state and federal enforcement programs, we will continue to follow this litigation and any updated EPA health advisories regarding PFOA and PFOS levels in drinking water.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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