News & Analysis as of

Rulemaking Process PFAS Environmental Policies

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

Tonkon Torp LLP

Oregon Considers Rulemaking to Add “Forever Chemicals” to Hazardous Substances List

Tonkon Torp LLP on

Perfluoroalkyl substances (PFAS) are a group of thousands of human-made chemicals that are resistant to heat, water, oil, and grease. These properties have made them popular for many decades for use in waterproof products,...more

Bergeson & Campbell, P.C.

Maine Board of Environmental Protection Will Consider Proposed PFAS Rule at Its April 7, 2025, Meeting

The Maine Board of Environmental Protection (MBEP) will consider the Maine Department of Environmental Protection’s (MDEP) December 2024 proposed rule regarding products containing per- and polyfluoroalkyl substances (PFAS)...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

Paul Hastings LLP

RCRA Rules Face Hazardous Times

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In an executive order issued February 19, 2025, President Donald Trump instructed federal agency heads to “initiate a process to review all regulations subject to their sole or joint jurisdiction” for purposes of “rescinding...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

Vorys, Sater, Seymour and Pease LLP

USEPA Releases Draft General Permit for Industrial Stormwater Discharges

On Friday, Dec. 13, 2024, the Environmental Protection Agency (EPA) released a proposed draft 2026 Multi-Sector General Permit for Industrial Stormwater Discharges (MSGP). The MSGP is a general permit that regulates...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

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

Williams Mullen

Environmental Notes - April 2023

Williams Mullen on

EPA’s Big Plans for 2023: Top Air Rulemakings We Are Watching - An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that...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

Williams Mullen

Environmental Notes - January 2022

Williams Mullen on

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

Downey Brand LLP

EPA outlines key PFAS regulatory developments on the horizon

Downey Brand LLP on

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

Vinson & Elkins LLP

EPA Takes Action on PFAS in Waste Water

Vinson & Elkins LLP on

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

Stinson LLP

Clean Water Requirements Escalate for PFAS, Nutrients and other Pollutants

Stinson LLP on

On September 8, the Environmental Protection Agency (EPA) announced its Preliminary Effluent Guidelines Program Plan 15, which includes a suite of actions designed to address wastewater pollution under the Clean Water Act....more

Akin Gump Strauss Hauer & Feld LLP

Biden’s Science and Environmental Justice Orders Foretell a New Era of Rulemaking and Enforcement That Go Beyond Climate

Last week’s “Climate Day” actions grabbed headlines primarily for how they respond to climate risk through increased federal coordination. Equally important may be the actions the Biden administration took that day to combat...more

Troutman Pepper Locke

Illinois EPA Proposes PFAS Standards

Troutman Pepper Locke on

The Illinois Environmental Protection Agency (IEPA) released new proposed groundwater quality standards for select per- and polyfluoroalkyl substances (PFAS). The new standards were released as a discussion draft of proposed...more

Morgan Lewis

California’s New Priority Product Under SCP Program: Carpets/Rugs Containing PFAS

Morgan Lewis on

California's Department of Toxic Substances Control recently proposed to add carpets and rugs containing perfluoroalkyl or polyfluoroalkyl substances (PFAS) as a Priority Product under the state’s Safer Consumer Products...more

Pillsbury Winthrop Shaw Pittman LLP

EPA’s Wide-Ranging Rule on Perfluoroalkyl Substances

EPA continues its regulation of PFAS by shifting focus to the importation of certain PFAS-containing articles. - EPA goes for the low-hanging fruit by using TSCA to restrict the importation of long-chain PFAS that already...more

Ballard Spahr LLP

Pennsylvania Proposes PFAS Cleanup Standards

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Pennsylvania’s Environmental Quality Board (EQB) proposed an amendment to Act 2, Pennsylvania's Brownfield and voluntary cleanup program. ...more

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

Addition of Certain PFAS Substances/Toxic Chemical Release Reporting: National Association of Clean Water Agencies' Comments on...

The National Association of Clean Water Agencies (“NACWA”) submitted February 2nd comments to the United States Environmental Protection Agency (“EPA”) addressing its Advance Notice of Proposed Rulemaking (“ANPR”) to add...more

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