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Holland & Knight LLP

2024 Midyear PFAS Regulatory Update: Final Rules Recently Issued by EPA and What's to Come

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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

Bergeson & Campbell, P.C.

EPA Releases Updated Interim Guidance on Destroying and Disposing of Certain PFAS and PFAS-Containing Materials, Will Hold 180-Day...

The U.S. Environmental Protection Agency (EPA) announced on April 9, 2024, the release of an updated “Interim Guidance on the Destruction and Disposal of Perfluoroalkyl and Polyfluoroalkyl Substances and Materials Containing...more

Holland & Knight LLP

Senate Committee Convenes Hearing to Examine PFAS as Hazardous Substances

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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

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

Bergeson & Campbell, P.C.

Minnesota Publishes New Information Concerning PFAS in Products

The Minnesota Pollution Control Agency (MPCA) announced on March 26, 2024, that it has published new information concerning per- and polyfluoroalkyl substances (PFAS) in products. This information includes...more

Vinson & Elkins LLP

EPA Proposes Rules to Expand its PFAS Authority Under RCRA

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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

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

Clark Hill PLC

PFAS: February 2024 Update and Preview

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Regulatory activity and litigation concerning per- and polyfluoroalkyl substances (“PFAS”) continued to pick up steam in 2023, and 2024 promises to continue this trend and present companies with new PFAS-related challenges....more

Holland & Knight LLP

EPA Proposes RCRA Corrective Action Expansions Targeting PFAS

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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

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

Beveridge & Diamond PC

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

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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

Morgan Lewis

EPA Releases Proposed Resource Conservation and Recovery Act PFAS Rules

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The US Environmental Protection Agency (EPA) published on February 8, 2024 two proposed rules addressing per- and polyfluoroalkyl substances (PFAS) under the Resource Conservation and Recovery Act (RCRA). The rules, if...more

Stinson LLP

EPA Proposes to Regulate Nine PFAS as RCRA “Hazardous Constituents”

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The U.S. Environmental Protection Agency (EPA) has taken its first major action of 2024 to regulate per- and polyfluoroalkyl substances (PFAS) across environmental media. On January 31, 2024, EPA issued pre-publication...more

Downey Brand LLP

US EPA Proposes Rules to Expand Cleanup of PFAS at Hazardous Waste Sites

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Last week, the U.S. Environmental Protection Agency (EPA) issued two new proposed rules, which further expand EPA’s regulatory oversight of per- and polyfluoroalkyl substances (PFAS). The first rule would modify the...more

Davis Wright Tremaine LLP

Hazardous Waste Facilities Beware: PFAS Soon to Be Regulated Under RCRA

On January 31, 2024, the Environmental Protection Agency ("EPA") proposed two new rules that would add nine per- and polyfluoroalkyl compounds (known as "PFAS") to its list of hazardous constituents regulated under the...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

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

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a November 30, 2023, interpretive response a question regarding the Hazardous Materials Regulations (“HMR”) application to...more

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

CERCLA Five-Year Review Reports/Checklist for State Project Managers: ASTSWMO Guidance Issued

The Association for State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued two guidance documents for Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) state project managers:...more

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

Reconditioning/Used Drum Management: ASTSWMO Comments Addressing U.S. Environmental Protection Agency Advance Notice of Proposed...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) submitted comments to the United States Environmental Protection Agency (“EPA”) on November 22 addressing the following Advance Notice of...more

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

Reconditioning/Used Drum Management: Alliance for Chemical Distribution Comments Addressing U.S. Environmental Protection Agency...

The Alliance for Chemical Distribution (“ACD”) submitted comments to the United States Environmental Protection Agency (“EPA”) on November 17th addressing the following Advance Notice of Proposed Rulemaking (“ANPR”): ...more

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

Transportation/Hazardous Materials Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in an August 28th letter the application of the Hazardous Materials Regulations (“HMR”) applicable to the maintenance of Department of...more

King & Spalding

New European Batteries Regulation Has Been Adopted

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The European Union (EU) published its new Batteries Regulation on July 28, 2023. The long-awaited text, presented for the first time by the EU Commission in late 2020 and subject to negotiations since then, contains a...more

Fox Rothschild LLP

State Enforcement Against the Federal Government, Part 2

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Almost two years ago, we posted on the civil settlement of a dispute between the New Mexico Environment Department (NMED) and the U.S. Department of Defense (DoD) over a state-level enforcement action against Cannon Air Force...more

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

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretation Response Addressing...

The United States Department of Transportation and Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a July 28th interpretation response a question involving application of the Hazardous Materials...more

Eversheds Sutherland (US) LLP

The Superfund Tax is back: Recent IRS guidance and background

As this nation prepared to celebrate the Independence Day long weekend, many were preparing for the July 1, 2022, reinstatement of the Superfund chemicals tax (the Superfund Tax). The Superfund Tax is an excise tax imposed on...more

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