News & Analysis as of

PFAS Rulemaking Process Toxic Chemicals

Bergeson & Campbell, P.C.

WDOE Proposes to Regulate PFAS in Certain Consumer Products

The Washington Department of Ecology (WDOE) issued a proposed rule on June 4, 2025, that would regulate per- and polyfluoroalkyl substances (PFAS) in certain consumer products. Beginning January 1, 2027, the proposed rule...more

Bergeson & Campbell, P.C.

Defra Calls for Comments on Indicative Lists for LC-PFCAs, Their Salts, and Related Compounds

On June 2, 2025, the United Kingdom (UK) Department for Environment, Food & Rural Affairs (Defra) requested comment on a draft indicative list for long-chain perfluorocarboxylic acids (LC-PFCA), their salts, and related...more

Fox Rothschild LLP

Pause Continues in Litigation Over PFAS MCLs and Hazardous Substances Designation

Fox Rothschild LLP on

EPA has again obtained extensions of the stays in the litigation challenging the MCLs for six PFAS and the litigation challenging the hazardous substance designation for PFOS and PFOA. EPA requested the U.S. Court of...more

Alston & Bird

EPA Scales Back PFAS Rule, Extends Compliance Deadlines, and Reviews Regulatory Approach

Alston & Bird on

The Environmental Protection Agency (EPA) has announced changes to its PFAS contamination regulatory agenda. Our Environment, Land Use & Natural Resources Group discusses what affected stakeholders can expect going forward....more

Bergeson & Campbell, P.C.

Chemical Coalition Withdraws TSCA Section 21 Petition Seeking Revisions to TSCA 8(a)(7) PFAS Reporting Rule

As reported in our May 4, 2025, blog item, on May 2, 2025, a coalition of chemical companies petitioned the U.S. Environmental Protection Agency (EPA) for an amendment of the Toxic Substances Control Act (TSCA) Section...more

White & Case LLP

EPA Partially Rolls Back PFAS Drinking Water Rule

White & Case LLP on

On May 14, 2025, the U.S. Environmental Protection Agency (EPA) announced that it plans to retain the current drinking water standards for two per- and polyfluoroalkyl substances (PFAS), i.e., perfluorooctanoic acid (PFOA)...more

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

PFOA/PFOS Safe Drinking Water Act National Primary Drinking Water Regulations: U.S. Environmental Protection Agency Extends...

The United States Environmental Protection Agency (“EPA”) announced in a May 14th news release what it describes as an action that will “provide regulatory flexibility and holistically address” the perfluorooctanoic acid...more

Farella Braun + Martel LLP

EPA Announces It Will Keep Drinking Water Limits for PFOA and PFOS, But Rescind Limits for Four Other PFAS Compounds

On May 14, 2025, EPA issued a news release (available here) stating that the agency will maintain the Safe Drinking Water Act (SDWA) National Primary Drinking Water Regulations (NPDWRs) promulgated in April 2024—but only with...more

Best Best & Krieger LLP

EPA Announces Plan to Modify PFAS Drinking Water Rule and Extend Compliance Deadline

On May 14, 2025, the U.S. Environmental Protection Agency (EPA) announced its latest plans to address PFAS contamination in drinking water. Specifically, the EPA plans to retain the National Primary Drinking Water Regulation...more

Farella Braun + Martel LLP

EPA Announces Interim Rule Further Delaying TSCA Section 8(a)(7) PFAS Reporting by Nine Months

On May 12, 2025, EPA announced that it will publish an interim rule further delaying by nine months the one-time reporting required under TSCA section 8(a)(7) for entities manufacturing or importing PFAS at any time between...more

Fox Rothschild LLP

Litigation Over PFAS Designation as Hazardous Substances Remains on Hold

Fox Rothschild LLP on

On April 30, 2025, the U.S. Court of Appeals for the D.C. Circuit granted an additional 30-day abeyance in the challenge to EPA’s Final Rule designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as...more

ArentFox Schiff

Tennessee Passes Law That Requires ‘Best Science Available’ for PFAS Regulations

ArentFox Schiff on

Tennessee lawmakers are setting a new precedent in chemical regulation, including per- and polyfluoroalkyl substances (PFAS), by signing into law an industry-backed bill that requires the use of the “best science available”...more

Paul Hastings LLP

New Mexico Passes Comprehensive Ban on PFAS in Products

Paul Hastings LLP on

On April 8, 2025, New Mexico became the third state to sign into law a comprehensive ban on the use of intentionally added per- and polyfluoroalkyl substances (PFAS) in consumer and commercial products: the “Per- and...more

DLA Piper

Maine DEP Extends CUU Designations by Two Years Under PFAS in Products Law

DLA Piper on

As discussed in our prior alert, Maine’s Department of Environmental Protection (DEP) published a proposed rule prescribing procedures and criteria for determining Currently Unavoidable Uses (CUU) of intentionally added per-...more

Fox Rothschild LLP

Maine’s Draft Proposed Rule on PFAS “Currently Unavoidable Use” Determinations

Fox Rothschild LLP on

Maine recently published proposed rules (PDF link) aimed at implementation of its existing statute (which we’ve discussed here, here and here) limiting the sale and distribution within the state of products containing...more

Fox Rothschild LLP

Unclear Fate for NY PFOA and PFOS Soil Cleanup Objectives

Fox Rothschild LLP on

Regulation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) in soils under New York’s remedial programs was a little erratic in 2024. As to their inclusion in the New York State Department of...more

Harris Beach Murtha PLLC

EPA Designates Two PFAS Substances as CERCLA Hazardous Substances

On April 19, 2024, just nine days after finalizing the first-ever national, legally enforceable drinking water standard for six individual per-and polyfluoroalkyl substances (PFAS), the Agency designated PFOA and PFOS, two...more

BakerHostetler

2024 Promises To Be a Critical Year for New PFAS Regulations

BakerHostetler on

The new year will be a busy one for federal and state per- and polyfluorinated alkyl substances (PFAS) regulations. There are a number of new federal rulemakings, including those under the Comprehensive Environmental...more

Polsinelli

October PFAS Regulatory Update

Polsinelli on

In October 2023, the United States Environmental Protection Agency (EPA) finalized two separate but analogous rulemakings – one under the Toxic Substances Control Act (TSCA), and one under the Emergency Planning and Community...more

Troutman Pepper Locke

US EPA Issues Final Rule on PFAS Relating to Community Right-to-Know and Pollution Prevention Acts

Troutman Pepper Locke on

On October 18, U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention submitted a final rule for publication in the Federal Register, amending 40 CFR Part 372, involving reporting...more

Wiley Rein LLP

EPA’s Mandatory PFAS Reporting Rule Under TSCA Includes Thousands of Products, No Exemptions for Impurities or Imported Articles

Wiley Rein LLP on

On September 28, 2023, the U.S. Environmental Protection Agency (EPA) issued a final rule to require reporting under Section 8(a)(7) of the Toxic Substances Control Act (TSCA) for Perfluoroalkyl and Polyfluoroalkyl Substances...more

Stinson LLP

Minnesota Announces PFAS Rulemaking

Stinson LLP on

Minnesota has begun enacting substantive rules and standards for per- and polyfluoroalkyl substances (PFAS). In May, Minnesota enacted a PFAS statute that defines PFAS, creates a reporting requirement, and bans sale or...more

Holland & Knight LLP

EPA's Latest CERCLA Action on PFAS

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) on April 12, 2023, released an Advance Notice of Proposed Rulemaking (ANPRM) seeking public input and data to assist in the consideration of potential development of future...more

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

Toxics Release Inventory/Community Right-to-Know: U.S. Environmental Protection Agency Adds Five PFAS

The United States Environmental Protection Agency (“EPA”) published a final rule in the Federal Register on July 18th adding five per- and polyfluoroalkyl substances (“PFAS”) to the Toxics Release Inventory (“TRI”). See 87...more

Womble Bond Dickinson

EPA’s Spring 2022 Regulatory Agenda Updates Actions for PFAS Strategic Roadmap

Womble Bond Dickinson on

On October 18, 2021, EPA announced EPA’s PFAS Strategic Roadmap (“Roadmap”) which outlines EPA’s comprehensive agency wide approach for addressing PFAS. The Roadmap contains timelines for EPA to take actions to address PFAS....more

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