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EPA Finalizes Hazardous Substance Listing for PFOA and PFOS

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its final rule designating two per and polyfluoroalkyl substances (PFAS) as hazardous substances under § 102(a) of the...more

EPA Finalizes National Primary Drinking Water Regulation for Certain PFAS

The U.S. Environmental Protection Agency (EPA) has finalized its proposed rule establishing National Primary Drinking Water Regulation (NPDWR) for certain PFAS compounds. The final rule sets Maximum Contaminant Levels (MCL)...more

MassDEP Finalizes Cumulative Impact Analysis Regulations for Air Permits

On March 29, 2024, the Massachusetts Department of Environmental Protection (MassDEP) promulgated cumulative impact analysis regulations. This new regulation requires projects seeking comprehensive plan approvals within a...more

EPA Proposes Cleanup Authority Expansion Under RCRA for PFAS and Other Emerging Contaminants

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) proposed two rules to expand the Agency’s authority to address releases of per- and polyfluoroalkyl substances (PFAS) and other emerging contaminants at...more

EPA Releases Final Rule Increasing PFAS Reporting Under EPCRA

On October 18, 2023, the U.S. Environmental Protection Agency (EPA) released a new final rule that categorized as chemicals of special concern all per- and poly-fluoroalkyl substances (PFAS) that industry must currently...more

EPA Seeks Comments on Potential Designation of Additional PFAS as CERCLA Hazardous Substances

On April 13, 2023, the U.S. Environmental Protection Agency (EPA) published in the federal register an Advanced Notice of Proposed Rulemaking (ANPRM) seeking public input to inform its decision whether to designate additional...more

EPA Proposes Novel National Primary Drinking Water Regulation for Certain PFAS

Today the U.S. Environmental Protection Agency (EPA) issued a pre-publication version of its highly anticipated proposed National Primary Drinking Water Regulation (NPDWR) for certain PFAS that, if promulgated as proposed,...more

Proposed Massachusetts Legislation Would Phase Out PFAS and Create Remediation Fund

Two bills introduced in the Massachusetts legislature would ban nearly all products containing intentionally added PFAS sold or distributed in the Commonwealth by 2030, with some categories of products banned by 2026. The...more

Proposed Toxic Release Inventory Changes Would Impact Reporting of PFAS and Supplier Notification Requirements

On December 5, 2022, the U.S. Environmental Protection Agency (EPA) proposed to modify Toxic Release Inventory reporting to increase reporting for listed per- and polyfluoroalkyl substances (PFAS) by identifying them as...more

EPA Releases Proposed Rule Designating Certain PFAS as CERCLA Hazardous Substances: Establishes Criteria for Designation Under...

Today the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its long-awaited proposal to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts...more

Massachusetts Finalizes Drinking Water Standard for PFAS

Massachusetts is establishing a drinking water limit of 20 ppt for six PFAS, combined. Final regulations are anticipated to be published in the Massachusetts Register on October 2, 2020. As we previously reported, the...more

EPA Abandons Joint Issuance of Surface Water Discharge Permits with Massachusetts

In a surprising twist in the permitting relationship between the federal and state governments, U.S. EPA has unilaterally stopped jointly issuing surface water discharge permits with the Commonwealth of Massachusetts,...more

If you Handle PFAS, Your TRI May Be Different Next Year

Now that the 2019 Toxic Release Inventory reports are just about done, it is time to look ahead. If you or your clients manufacture cosmetics, cookware, medical devices, food packaging, carpets, textiles, outdoor gear or...more

States Seek PFAS Requirements in Industrial Stormwater General Permit

If three states have their way, EPA’s general permit for industrial stormwater discharges will impose obligations relating to per- and polyfluoroalkyl substances (PFAS). Colorado, Massachusetts, and New Mexico submitted...more

Congress Tackles PFAS on Multiple Fronts

With the enactment of the PFAS Act of 2019 and related provisions in December, opposing forces in Congress came together to force regulatory action on several different aspects of per- and poly-fluorinated substances (PFAS)....more

MassDEP Proposes Stringent MCL and Finalizes Cleanup Standards for Six PFAS

On December 13, 2019, the Massachusetts Department of Environmental Protection (MassDEP) announced two significant actions addressing per- and polyfluoroalkyl substances (PFAS) in Massachusetts. First, MassDEP is proposing...more

Massachusetts Proposes Cleanup Standards for PFAS

MassDEP proposed groundwater cleanup standards for PFAS significantly lower than the federal health advisory as part of its long-expected proposed revisions to Massachusetts’ regulations governing the assessment and cleanup...more

EPA Releases PFAS Action Plan

On February 14, 2019, the U.S. Environmental Protection Agency (EPA) released its much-anticipated PFAS Action Plan. The Plan identifies short and long term actions EPA plans to take regarding per- and polyfluoroalkyl...more

MassDEP to Focus on Regulating Only Specific PFAS Compounds

MassDEP will develop a drinking water maximum contaminant level (MCL) for per- and polyfluoroalkyl substances, known as PFAS, in response to the Conservation Law Foundation’s October 25, 2018 petition, which we reported on...more

Environmental Groups Petition for a Strict PFAS Drinking Water Standard in Massachusetts

MassDEP will decide on January 28 whether to establish a strict drinking water standard for per- and polyfluoroalkyl substances, known as PFAS, and promulgate further regulations for the identification and remediation of PFAS...more

MassDEP Poised to Regulate PFAS in the Drinking Water and Site Cleanup Programs

MassDEP is one step closer to issuing draft regulations this summer regulating PFAS in drinking water with the June 8, 2018, issuance by its Office of Research and Standards of recommended interim toxicity and drinking water...more

Case Closed: Nonprofits Eligible for Brownfields Tax Credits for Pre-2006 Cleanups

Massachusetts’ top court has given finality to a 2017 ruling by the Massachusetts Appeals Court that nonprofits are eligible for transferrable brownfields tax credits for remediation conducted prior to 2006. By denying...more

Standardizing Assessment of Natural Resource Damages: Massachusetts Is Taking the First Step

MassDEP is developing a standard methodology for assessing natural resource damages for small to medium oil spills to surface water that will be incorporated into forthcoming regulations, which will require persons...more

Nonprofit Universities Eligibility for Brownfields Tax Credits, Massachusetts Appeals Court Confirms

Nonprofits are eligible for transferrable Brownfields tax credits for remediation conducted prior to 2006 according to a recent ruling by the Massachusetts Appeals Court. As we previously reported in March 2016, the...more

For the First Time, EPA Proposes to Add a Site to the National Priorities List Solely Based on the Risk Posed by Vapor Intrusion

EPA has proposed to add the Rockwell International Wheel & Trim Site in Grenada, Mississippi to the National Priorities List, the first site added based solely on the risk to human health from vapor intrusion from subsurface...more

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