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EPA Proposes Rules to Expand its PFAS Authority Under RCRA

On February 8, 2024, the Environmental Protection Agency (EPA) published two proposed rules that would expand its regulatory authority over PFAS: one to list nine PFAS as hazardous constituents subject to the Resource...more

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

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

EPA Proposes to Designate Two PFAS Chemicals as Hazardous Substances Under CERCLA: Quick Answers to Top Questions

The Environmental Protection Agency (“EPA”) issued a long-anticipated proposal to designate two per- and polyfluoroalkyl substances (“PFAS”) as hazardous substances under the federal Superfund law known as the Comprehensive...more

EPA Releases New Proposed Rule for Clean Water Act Hazardous Substance Worst Case Discharge Planning

What You Need to Know- EPA has just released a proposed rule that would require facilities near “navigable water” that store listed hazardous substances above a threshold amount to prepare facility response plans for...more

Update for Property Purchasers: PFAS, Phase Is, and CERCLA Protections

In the latest development surrounding PFAS, EPA has published a direct final rule endorsing use of the newly updated ASTM E1527-21 standard for Phase I Environmental Site Assessments (“Phase Is”)...more

EPA Takes Action on PFAS in Waste Water

In September 2021, the Environmental Protection Agency (“EPA”) released its Preliminary Effluent Guidelines Program Plan 15 (“Preliminary Plan 15”) which includes two new rulemakings that are intended to reduce Per- and...more

Speculative Report Opens PFAS Front Against Fracking

On July 12, 2021, Physicians for Social Responsibility (“PSR”) issued a highly speculative report that raised concerns about a chemical approved by the EPA in 2011 for use in hydraulic fracturing fluid that “might” degrade...more

Are PFAS Air Emission Regulations On The Horizon?

While much of recent federal per- and polyfluoroalkyl substances (“PFAS”) regulatory activity has focused on water supply and soil contamination of PFAS compounds, the Environmental Protection Agency’s (“EPA”) ongoing...more

PFAS And The Transition To The Biden Administration: The Implications Of Designating PFOA And PFOS As “Hazardous Substances” Under...

In recent years, there has been no shortage of interest and commentary dedicated to a group of chemicals known collectively as PFAS. As one example, the potential designation of certain PFAS — PFOA and PFOS (perfluorooctanoic...more

The PFAS Problem And The Transition To The Biden Administration: Looking Back And Setting The Stage For 2021

PFAS regulation is one of the hot environmental topics and a key issue to watch during this next year. In this series of posts, V&E will address the increasing regulatory attention concerning a group of chemicals known as...more

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