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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

By the Numbers: EPA’s Proposal to Regulate 6 PFAS Chemicals From Drinking Water

The Environmental Protection Agency (“EPA”) has proposed regulating six per- and polyfluoroalkyl (“PFAS”) in drinking water under the Safe Drinking Water Act (“SDWA”). In a proposed rule published on March 29, 2023, EPA...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 Proposes Expansion of Risk Management Program Requirements, with Special Emphasis on Petroleum, Coal, and Chemical...

The U.S. Environmental Protection Agency (“EPA”) has proposed substantial changes to its Risk Management Program (“RMP”) regulations aimed at preventing chemical facility accidents, a move that will affect industrial...more

PFAS in EPA’s Strategic Plan Fiscal Years 2022-2026

On March 28, 2022, the Environmental Protection Agency (“EPA”) published its Final Strategic Plan (“Strategic Plan”) setting forth the agency’s priorities over the next four years based on seven strategic goals focused on the...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

Environmental Groups Push for Broader PFAS Disclosure Requirements Under EPCRA

Several environmental groups recently filed a suit (the “Complaint”) challenging two EPA rules (the “PFAS rules”) that added a total of 175 PFAS chemicals to the list of toxic chemicals subject to reporting under what is...more

EPA’s Final Human Health Toxicity Assessment for PFAS GenX Chemicals

On October 25, 2021, the Environmental Protection Agency (“EPA”) released a final human health toxicity assessment for two PFAS substances — hexafluoropropylene oxide dimer acid and its ammonium salt — also known as “GenX...more

PFAS: Looking Back on a Year of Activity and Preparing for 2022

In 2021, there was sustained and fast-paced executive action from the Biden administration focused on emphasizing and addressing the environmental and human health effects of per- and poly-fluoroalkyl substances, more...more

EPA Announces Plans for Waste Rules That Could be a Stepping Stone to Drastically Expanding PFAS Liabilities

EPA announced plans for two separate rulemaking processes that would expand liabilities for PFAS wastes. The first — a rulemaking process to add certain PFAS chemicals as “hazardous constituents” under the Resource...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

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

PFAS: The “Forever Chemicals” In Consumer Products And Why Businesses Should Take Care In Their Marketing

PFAS (per- and poly-fluoroalkyl substances) have garnered significant national attention in the last few years. PFAS have made recent headlines in multi-million dollar settlements, Biden campaign promises, proposed EPA rules,...more

PFAS and the Transition To The Biden Administration: A Round-Up Of Recent PFAS Activity

Within the first month of the Biden administration, we have seen a high level of attention on per- and polyfluoroalkyl substances (“PFAS”). Increased focus on these “forever chemicals” is setting the stage for a challenging...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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