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PFAS Rulemaking Process Toxic Chemicals

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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

Williams Mullen

Environmental Notes - January 2022

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New Approach: Proposed PFAS Regulation Erodes TSCA Exemptions - EPA’s proposed reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA) may be...more

Lathrop GPM

Superfund Enforcement of PFAS Moves Closer as EPA Submits Proposed Hazardous Substance Designation to OMB: Lathrop GPM

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What to Know - On January 10, 2022, EPA submitted for White House regulatory review its highly anticipated proposal to designate the two most widely studied per- and polyfluoroalkyl substances (PFAS), PFOA and PFOS, as...more

Downey Brand LLP

EPA outlines key PFAS regulatory developments on the horizon

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During the early stages of the Biden administration, efforts to regulate per- and poly-fluoroalkyl substances, aka “PFAS,” were largely piecemeal and driven by various proposals in Congress. Last month, however, the U.S....more

Lathrop GPM

EPA Responds to Petition for PFAS Rulemaking

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EPA announced plans to initiate two rulemakings involving PFAS, one that would list four PFAS compounds as Hazardous Constituents under the Resource Conservation and Recovery Act (RCRA), the federal hazardous waste law, and...more

Vinson & Elkins LLP

EPA Takes Action on PFAS in Waste Water

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In September 2021, the Environmental Protection Agency (“EPA”) released its Preliminary Effluent Guidelines Program Plan 15 (“Preliminary Plan 15”) which includes two new rulemakings that are intended to reduce Per- and...more

Williams Mullen

Regulation of PFAS in Wastewater Permits: Recent Guidance and Rulemaking Actions by EPA

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A recent rulemaking from EPA seeks the assistance of industry and the public in developing new effluent limitation guidelines to regulate per- and polyfluoroalkyl substances (“PFAS”) in wastewater discharges from facilities...more

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