News & Analysis as of

Environmental Protection Agency (EPA) Wastewater PFAS

Holland & Hart LLP

What's on Congress' PFAS Agenda?

Holland & Hart LLP on

Federal legislative activity on PFAS is expected to pick up considerably as Congress comes closer to adjourning for the year. While it’s mid-May, there are only about 70 legislative days left before the end of the year, and...more

K&L Gates LLP

Forever CERCLA: EPA Designates Certain PFAS as Hazardous Substances Under Superfund

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On Friday,19 April 2024, the US Environmental Protection Agency (EPA) issued a final rule to designate two common per-and polyfluoroalkyl (PFAS) chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more

Maron Marvel

PFAS Enforcement Discretion and Settlement Policy Under CERCLA

Maron Marvel on

On April 17, 2024, the EPA signed a final rule to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. The...more

BCLP

EPA Designates PFOS and PFOA as CERCLA Hazardous Substances

BCLP on

On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more

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

PFAS/CERCLA: U.S. Environmental Protection Agency Enforcement Discretion and Settlement Policy

Simultaneously with the prepublication of a final rule designating two of the Per- and Polyfluoroalkyl substances (“PFAS”) as Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) hazardous...more

Nossaman LLP

EPA’s Enforcement Discretion and Settlement Policy for its PFAS CERCLA Rule | Part II: A Salve or Hot Air?

Nossaman LLP on

PART II - As detailed in Part 1 of this eAlert, on April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS),...more

Snell & Wilmer

EPA opens the Door to Widespread Liability to Businesses

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EPA’s listing of two “forever Chemicals” as CERCLA hazardous substances will re-open sites that companies had thought were closed. And every user of a product that contained them may become responsible for a share of the...more

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

PFOA/PFOS/CERCLA: U.S. Environmental Protection Agency Final Rule Designating as Hazardous Substances

The United States Environmental Protection Agency (“EPA”) issued a prepublication version of a Final Rule that would designate two of the Per-and polyfluoroalkyl substances (“PFAS”) as Comprehensive Environmental Response,...more

Holland & Knight LLP

Senate Committee Convenes Hearing to Examine PFAS as Hazardous Substances

Holland & Knight LLP on

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

McGlinchey Stafford

EPA Test Methods 1633 and 1621 Shape Future of PFAS Management

McGlinchey Stafford on

The U.S. Environmental Protection Agency (EPA) finalized Test Methods 1633 and 1621, environmental sampling methods for analyzing up to 40 target per- and polyfluoroalkyl substances (PFAS) in soil, groundwater, and other...more

Williams Mullen

EPA to Issue Information Collection Requests to Set PFAS Limitations for Textile Wastewaters

Williams Mullen on

The textile manufacturing sector cannot escape EPA’s rush to regulate per- and polyfluoroalkyl substances (PFAS). EPA recently requested comment on an Information Collection Request (ICR) to finish the process. Response to...more

Pillsbury - PFAS Observer

Major PFAS Legislation Stalled Amid Debate on PFAS Liability for Passive Receivers

As in 2023, Congress continues to focus on PFAS issues in the first months of 2024. In this 118th Congress, at least 39 bills focused on PFAS have been introduced along with several dozen additional bills that tangentially...more

Allen Matkins

California Environmental Law & Policy Update 2.02.24

Allen Matkins on

The U.S. Chamber of Commerce, California Chamber of Commerce, American Farm Bureau Federation, and other groups sued California on Tuesday in federal court over the most sweeping climate disclosure mandates in the nation,...more

Fox Rothschild LLP

Recent Progress Report Issued by EPA Foreshadows Landmark Year for Federal Regulation of PFAS

Fox Rothschild LLP on

Soon after the Biden Administration took office, the United States Environmental Protection Agency (“EPA”) issued a Strategic Roadmap highlighting the many ways it planned to “research, restrict, and remediate” per-and...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Allen Matkins

California Environmental Law & Policy Update 10.06.23

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) has finalized a rule that will provide the agency, its partners, and the public with a dataset of certain per- and polyfluoroalkyl substances (PFAS) manufactured and used in the...more

Burns & Levinson LLP

PFAS – Promising Developments

Burns & Levinson LLP on

We have probably already read (and written) too much about the challenges of dealing with “forever chemicals” in drinking water and wastewater treatment.  However, recent developments hold some hope for addressing forever...more

McGlinchey Stafford

PFAS and the Clean Water Act: Considerations for Wastewater Treatment Plants

McGlinchey Stafford on

The U.S. Environmental Protection Agency is rolling out a robust enforcement program aimed at wastewater treatment plants and other wastewater operations for potential contamination based on Section 301 of the Clean Water Act...more

Williams Mullen

PFAS and Your Wastewater Discharge Permit: What to Know and How PFAS Affects Permit Requirements

Williams Mullen on

Beginning with the PFAS Action Plan of 2019, it became clear to industry observers and environmental professionals that EPA intends to regulate PFAS compounds in industrial wastewater permits. The Action Plan identified an...more

Williams Mullen

Environmental Notes - July 2023

Williams Mullen on

North Carolina Proposes New Guidance for Vapor Intrusion Assessment and Mitigation - The North Carolina Department of Environmental Quality (DEQ) has drafted new and revised guidance documents for the assessment and...more

Beveridge & Diamond PC

New Enforcement of PFAS Requirements in CWA NPDES Industrial Permit

The U.S. Environmental Protection Agency (EPA) continues to expand its toolbox for addressing PFAS constituents — this time, by branching out into Clean Water Act (CWA) enforcement of industrial permit effluent limitations....more

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

U.S. EPA Environmental Appeals Board: City of Rochester, New Hampshire, Petition for Review/Wastewater Treatment National...

The City of Rochester, New Hampshire, (“Rochester”) filed an April 19th document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) styled: Petition for Review of City of...more

Jenner & Block

Incorporating PFAS in Industrial Wastewater Discharge Permits to Minimize Risk or Extent of Future CERCLA Liability

Jenner & Block on

PFAS are being detected in drinking water systems across the United States. Moreover, evolving regulatory developments already require or soon will require that public water systems sample for and remediate these chemicals....more

BCLP

PFAS Update: Proposed Federal Drinking Water Limits - EPA Goes Below and Beyond

BCLP on

Last week, EPA issued its long-anticipated proposal for Maximum Contaminant Levels (“MCLs”) for certain PFAS compounds which, once finalized, will establish national limits for those compounds in drinking water. EPA has been...more

Nutter McClennen & Fish LLP

EPA Proposes New Rules on “Forever Chemicals” in Wastewater

On March 14, 2023, the U.S. Environmental Protection Agency (“EPA”) announced that it will seek to promulgate new rules for six per- and polyfluoroalkyl substances (“PFAS”), also known as “forever chemicals,” in public water...more

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