While product importers were spending the summer poring over the Instructions for Reporting PFAS Under TSCA Section 8(a)(7) (May 2024), the U.S. Environmental Protection Agency (EPA) was working on a Direct Final Rule and...more
In continuing with the Biden-Harris Administration's goal to combat plastic pollution, on July 19, 2024, the Interagency Policy Committee on Plastic Pollution and a Circular Economy (IPC)1 released a new joint strategy to...more
7/23/2024
/ Biden Administration ,
Environmental Protection Agency (EPA) ,
EU ,
Federal Funding ,
Federal Supply Schedule (FSS) ,
General Services Administration (GSA) ,
Hazardous Waste ,
NOAA ,
Plastics ,
Pollution Control ,
Procurement Guidelines ,
Public Policy ,
Regulatory Standards ,
Tribal Lands ,
United Nations ,
USAID ,
Waste Management
Just past the halfway point of 2024, it's already been a busy year for those following regulatory developments related to per- and polyfluoroalkyl substances (PFAS). Building on its plans in the 2021 PFAS Strategic Road Map...more
7/19/2024
/ CERCLA ,
Corrective Actions ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Hazardous Waste ,
PFAS ,
RCRA ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
The U.S. Environmental Protection Agency (EPA) published a far-reaching and important final rule (Rule) on Oct. 11, 2023, requiring comprehensive reporting of per- and polyfluoroalkyl substances (PFAS) manufactured and...more
6/27/2024
/ Compliance ,
Data Collection ,
Environmental Protection Agency (EPA) ,
Filing Deadlines ,
Final Rules ,
Hazardous Substances ,
Importers ,
Imports ,
NDAA ,
PFAS ,
Recordkeeping Requirements ,
Reporting Requirements ,
Supply Chain ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
President Joe Biden signed the bipartisan, bicameral Federal Aviation Administration Reauthorization Act of 2024 into law on May 16, 2024, extending many old provisions as well as creating new policy. One new provision is...more
The U.S. Food and Drug Administration – acting under its Food Safety Modernization Act (FSMA), as amended, 21 U.S.C. § 2201 et seq., to address the safety of all FMSA-covered produce other than sprouts (Covered Produce) – on...more
The U.S. Environmental Protection Agency (EPA) on April 19, 2024, announced its Final Rule designating two per- and polyfluoroalkyl substances (PFAS) compounds – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more
4/29/2024
/ CERCLA ,
Compliance ,
Discharge of Pollutants ,
Drinking Water ,
Due Diligence ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Manufacturers ,
PFAS ,
Regulatory Reform ,
Toxic Chemicals ,
Water Supplies
The U.S. Court of Appeals for the Fifth Circuit ruled on March 21, 2024, on a petition filed by Inhance Technologies LLC (Inhance) against the U.S. Environmental Protection Agency (EPA) in Inhance Technologies, L.L.C. v. U.S....more
The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous...more
4/5/2024
/ CERCLA ,
Clean Water Act ,
Congressional Committees ,
Congressional Investigations & Hearings ,
Contaminated Properties ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Hazardous Waste ,
Mitigation ,
PFAS ,
Proposed Rules ,
Public Health ,
Safe Drinking Water Act ,
Site Remediation ,
Wastewater
With the completion of the voluntary phaseout of one form of short-chain per- and polyfluoroalkyl substances (PFAS) as a grease-proofing agent, the U.S. Food and Drug Administration (FDA) has rejected the view that...more
4/3/2024
/ FDCPA ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Safety ,
Hazardous Substances ,
Importers ,
Imports ,
Inspections ,
PFAS ,
Product Packaging ,
Regulatory Requirements ,
Toxic Chemicals
The 1984 Hazardous and Solid Waste Amendments amended the Resource Conservation and Recovery Act (RCRA) to add the following sections requiring corrective action for releases of hazardous waste or hazardous constituents ...more
2024 is off to a busy start for folks following state laws related to per- and polyfluoroalkyl substances (PFAS) in products. Multiple states have passed legislation impacting product manufacturers and retailers. Maine and...more
2023 was a busy year for folks following legal developments related to per- and polyfluoroalkyl substances (PFAS). In December, the U.S. Environmental Protection Agency (EPA) issued its Second Annual Progress Report. Some of...more
1/18/2024
/ Air Quality Standards ,
Bodily Injury ,
CERCLA ,
Certifications ,
Compliance ,
Contamination ,
Discovery ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Manufacturers ,
Multidistrict Litigation ,
NDAA ,
PFAS ,
Popular ,
Proposed Rules ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Wastewater
Since publishing an alert on U.S. Food and Drug Administration (FDA) efforts surrounding per- and polyfluoroalkyl substances (PFAS) in food packaging, Holland & Knight has monitored developments related to fluorinated and...more
The 2024 National Defense Authorization Act (NDAA) (H.R. 2670), which authorizes expenditures for the U.S. Department of Defense (DOD or Department), passed the House of Representatives on Dec. 14, 2023, and is headed to...more
12/20/2023
/ Contamination ,
Department of Defense (DOD) ,
Drinking Water ,
Federal Budget ,
Federal Pilot Programs ,
Health and Safety ,
Military Service Members ,
NDAA ,
Pending Legislation ,
PFAS ,
Reporting Requirements ,
Toxic Chemicals
The U.S. Environmental Protection Agency (EPA) announced release of its Draft Guidance Regarding NPDES Permitting of Certain Discharges through Groundwater to Surface Waters (Draft Guidance) on Nov. 20, 2023, notice of which...more
The U.S. Department of the Treasury's Office of the Comptroller of the Currency (OCC), Board of Governors of the Federal Reserve System (Board) and the Federal Deposit Insurance Corp. (FDIC) (collectively, the Agencies) on...more
11/6/2023
/ Biden Administration ,
Climate Change ,
Compliance ,
Corporate Governance ,
Data Collection ,
Executive Orders ,
FDIC ,
Federal Reserve ,
Financial Institutions ,
Joint Statements ,
New Guidance ,
OCC ,
Policies and Procedures ,
Reporting Requirements ,
Risk Management ,
Risk Mitigation ,
Strategic Planning ,
U.S. Treasury
The U.S. Environmental Protection Agency (EPA) published a far-reaching and enormously important final rule (Rule) on Oct. 11, 2023, requiring comprehensive reporting of per- and polyfluoroalkyl substances (PFAS) manufactured...more
10/20/2023
/ Compliance ,
Effective Date ,
Environmental Protection Agency (EPA) ,
Filing Deadlines ,
Final Rules ,
Hazardous Substances ,
Importers ,
Manufacturers ,
NDAA ,
PFAS ,
Reporting Requirements ,
Statute of Limitations ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Waste Management
Odds are that businesses involved in any kind of manufacturing or sale of physical products will be impacted by developments in legislation or case law involving per- and polyfluoroalkyl substances (PFAS). How big of an...more
9/27/2023
/ Consumer Product Companies ,
Contamination ,
Drinking Water ,
Hazardous Substances ,
Infrastructure ,
Manufacturers ,
PFAS ,
Product Packaging ,
Public Health ,
Toxic Chemicals ,
Toxic Exposure ,
Transportation Industry ,
Utilities Sector
More than a year and a half ago, Holland & Knight wrote about how the U.S. Environmental Protection Agency (EPA) promised new Vessel Incidental Discharge National Standards of Performance following adoption of the Vessel...more
The U.S. Environmental Protection Agency (EPA) is not the only federal agency that regulates per- and polyfluoroalkyl substances (PFAS). And states aren't the only ones scrutinizing PFAS in food packaging products. PFAS,...more
9/13/2023
/ Comment Period ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Safety ,
Interstate Commerce ,
Investigations ,
Manufacturers ,
Pesticides ,
PFAS ,
Preemption ,
Product Packaging ,
Toxic Chemicals
What do nail polish, children's foam-padded sleeping mats and tires have in common? Not much at first glance, but all have been identified as "priority products" under California's Safer Consumer Products regulations...more
The U.S. Environmental Protection Agency (EPA) announced on July 25, 2023, a proposed rule, published in the Federal Register on Aug. 9, 2023, to update the Air Emissions Reporting Requirements (AERR) to collect certain...more
The U.S. Environmental Protection Agency (EPA) on July 27, 2023, published its Semiannual Regulatory Agenda, which is intended to update the public about the agency's plan to review, propose and issue regulations over the...more
8/3/2023
/ Clean Air Act ,
Clean Water Act ,
Comment Period ,
Environmental Protection Agency (EPA) ,
FIFRA ,
New Source Performance Standards (NSPS) ,
NPRM ,
PFAS ,
Proposed Regulation ,
RCRA ,
Recordkeeping Requirements ,
Regulatory Agenda ,
Safe Drinking Water Act ,
State Implementation Plans (SIPs) ,
Toxic Substances Control Act (TSCA)
Minnesota is competing with Maine to have the most rigorous regulations for per- and polyfluoroalkyl substances (PFAS). Minnesota Gov. Tim Walz signed HF 2310 into law on May 24, 2023. Similar to Maine's PFAS requirements,...more
7/28/2023
/ Amended Legislation ,
Certification Requirements ,
Compliance ,
Consumer Product Companies ,
Governor Walz ,
Hazardous Substances ,
Labeling ,
Manufacturers ,
PFAS ,
Product Labels ,
Product Packaging ,
Reporting Requirements ,
Supply Chain ,
Toxic Chemicals ,
Waste Management