News & Analysis as of

Environmental Protection Agency (EPA) Proposed Rules Toxic Chemicals

Holland & Knight LLP

A Little Breathing Room for Product Importers: EPA Extends TSCA 8(a)(7) Reporting Deadline

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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

Alston & Bird

EPA Proposes TSCA Rule Banning 1-BP from Most Consumer Goods

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Our Environment, Land Use & Natural Resources Group explains the Environmental Protection Agency’s proposed Toxic Substances Control Act rule that aims to address the risks the agency believes are posed by 1-bromopropane...more

Goldberg Segalla

Don’t you know that you’re toxic? EPA spears most uses of controversial solvent.

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In late April, the U.S. Environmental Protection Agency issued a ban on most uses of methylene chloride, a toxic solvent used for paint stripping and linked to over 85 deaths in the last 45 years. The ban forbids all consumer...more

Pillsbury - PFAS Observer

EPA Proposes to Designate Nine PFAS Compounds as Hazardous Constituents, Seeks Industry Input

The clock is winding down on businesses interested in commenting on EPA’s proposal to designate nine per- and polyfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recover Act (RCRA)....more

Troutman Pepper

North Carolina Court Rules Predecessor Company Liable If AG’s Environmental Lawsuit Succeeds

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In February 2018, Ohio become the first state to sue DuPont alleging that the company had released perfluorooctanoic acid (PFOA) into the environment. Since then, multiple state attorneys general (AG) have continued to weigh...more

Warner Norcross + Judd

EPA Proposes Two New Rules Regulating PFAS

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On February 8, 2024, the U.S. Environmental Protection Agency (EPA) proposed two new rules to implement the agency’s ongoing efforts to regulate PFAS. Both proposed rules relate to regulations under the Resource...more

Latham & Watkins LLP

EPA Proposes New RCRA Rules With Significant Compliance Obligations

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The proposed rules would expand the RCRA Corrective Action regime to PFAS and potentially other emerging contaminants. They may complicate ongoing compliance efforts as well as lead to significant value chain impacts....more

Jones Day

EPA Proposes New Set of Rules to Regulate PFAS Under RCRA

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On February 8, 2024, the Environmental Protection Agency ("EPA") proposed two regulations that would add nine per- and polyfluoroalkyl substances ("PFAS") to the list of Resource Conservation and Recovery Act ("RCRA")...more

Kelley Drye & Warren LLP

EPA Extends RCRA ​“Hazardous Constituents” Proposal to Nine PFAS

On January 31, 2024, the United States Environmental Protection Agency (“EPA” or ​“the Agency”) issued a proposal to amend Resource Conservation and Recovery Act (“RCRA”) regulations to include nine specific per- and...more

Holland & Knight LLP

2023 PFAS Year in Review: EPA Policy and Aqueous Film-Forming Foam Litigation Updates

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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

BCLP

PFAS Drinking Water Standards: State-by-state Regulations - Updated January 2024

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In the absence of an enforceable federal drinking water standard for per- and polyfluoroalkyl substances (“PFAS”) – for the time being anyway - many states have regulated PFAS compounds in drinking water. The result is a...more

King & Spalding

Beyond the Fenceline: Environmental Justice Updates – December 2023

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Environmental Justice: 2023 Year in Review and 2024 Look-Ahead - As a concept, Environmental Justice, or EJ, has been around for more than 40 years. Beginning as a slogan at protests in Warren County, NC in 1982, EJ...more

Bergeson & Campbell, P.C.

EPA Proposes to Amend PBT Rules for decaBDE and PIP (3:1)

On November 24, 2023, the U.S. Environmental Protection Agency (EPA) published a proposed rule that will amend the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)), two...more

Goldberg Segalla

Next On EPA’s Chopping Block: Trichloroethylene

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The Environmental Protection Agency has proposed a risk management rule as part of the Toxic Substances Control Act (TSCA) that would ban the production, processing and distribution of trichloroethylene (TCE) for all uses....more

Pierce Atwood LLP

Update: EPA Finalizes Rule to Eliminate TRI Reporting Exemption for PFAS

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As forecast in our December 2022 client alert, the Environmental Protection Agency (EPA) has issued a pre-publication version of its final rule that eliminates the use of the de minimis exemption for reporting of per- and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mercury/Air Toxics Standard NESHAP for Coal and Oil-Fired Electric Utility Steam Generating Units: National Association of Clean...

The National Association of Clean Air Agencies (“NACAA”) submitted June 22nd comments to the United States Environmental Protection Agency (“EPA”) in its docket addressing Proposed National Emission Standards for Hazardous...more

Kilpatrick

Another Vote for Business Casual? EPA’s Proposed Ban on Perchloroethylene for Dry Cleaning and Other Uses

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The use of a mainstay of the dry-cleaning industry – perchloroethylene – may be coming to an end.  On June 16, 2023, EPA proposed to ban, under the Toxic Substance Control Act’s Section 6(a) authority, most uses of...more

Pillsbury Winthrop Shaw Pittman LLP

Update: Maine and Massachusetts Consider PFAS Legislation

Maine proposes a new rule to its PFAS legislation, while the Massachusetts Legislature considers two bills around banning specific PFAS-containing products. Since many companies that do business in the United States do so...more

Akerman LLP

EPA’s Proposed Rules Would Severely Limit PFAS Levels Permissible in Drinking Water

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Last month, the U.S. Environmental Protection Agency (EPA) published new proposed rules under the Safe Drinking Water Act that will severely limit the levels of certain substances of a man-made family of chemicals,...more

Miller Nash LLP

EPA Issues Drinking Water Standard for Six PFAS

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On March 14, 2023, the United States Environmental Protection Agency (EPA) issued its proposed PFAS National Primary Drinking Water Regulation (NPDWR) under the Safe Drinking Water Act (SDWA) for six PFAS under the Proposed...more

Locke Lord LLP

How Low Can Regulatory Standards ‎Go? EPA Proposes the First Federally ‎Enforceable Drinking ‎Water Regulation to Address PFAS

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Background - Per- and poly-fluoroalkyl substances (“PFAS”) are in the crosshairs of the Environmental Protection Agency (“EPA”). PFAS are substances that have been used heavily in manufacturing and are prevalent in many...more

Robinson+Cole Environmental Law +

EPA Proposes Enforceable Drinking Water Standards For PFAS

Last week EPA released its proposal for the first set of Maximum Contaminant Levels (MCLs) under the Clean Water Act for per- and polyfluoroalkyl substances (PFAS).  In contrast to non-enforceable health advisory levels...more

Downey Brand LLP

Fighting Forever Chemicals: USEPA Proposes the First Enforceable Nationwide Primary Drinking Water Standards for PFAS

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Last week, the U.S. Environmental Protection Agency (USEPA) announced a proposed rulemaking that would establish legally enforceable federal primary Maximum Contaminant Levels (“MCLs”) for six per- and polyfluoroalkyl...more

Morgan Lewis

EPA Proposes Enforceable Drinking Water Standards for PFOA, PFOS, and Four Other PFAS

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The US Environmental Protection Agency’s proposed rule is the latest development in its expansive whole-of-agency approach to regulating and reducing PFAS in the environment. The proposed rule is not only the first proposed...more

Harris Beach PLLC

EPA Releases Crucial PFAS Drinking Water Rule; Implications for Water Treatment Facilities

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The Environmental Protection Agency has released its long-awaited proposed rule addressing levels of PFAS in drinking water across the United States. Regulation of PFAS raises many complicated and difficult issues, as...more

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