In a previous post, we noted the New Hampshire Superior Court’s issuance of a preliminary injunction enjoining the New Hampshire Department of Environmental Services (NHDES) from implementing final maximum contaminant levels (MCLs) and ambient groundwater quality (AGQS) standards for four PFAS compounds.  On July 23, 2020, Governor Chris Sununu signed into law legislation that set maximum contaminant levels … Continue Reading

Earlier this year, North Carolina’s Department of Environmental Quality proposed a new rule to the Environmental Management Commission’s Groundwater Committee to set the groundwater standards for PFOA and PFOS at a combined allowed level of 70 parts per trillion (or 0.07 parts per billion).  Currently, there are no standards for PFOS, and the interim standard for PFOA established in 2006 … Continue Reading

As the political season begins in earnest with the Democratic and Republican National Conventions, PFAS is one subject for which regulatory action already under consideration may be accelerated if the White House changes hands from Republican to Democrat.

According to Biden’s “Plan to Secure Environmental Justice and Equitable Economic Opportunity,” three steps that a Biden administration would take … Continue Reading

According to ITRC, 13 states (Alaska, California, Connecticut, Delaware, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, North Carolina, Ohio, Rhode Island, and Vermont) regulate PFAS in drinking water through an MCL, screening level and/or action level. Some states, including New Jersey and Massachusetts, are now regulating PFAS in water discharges. Regulation of water discharges containing PFAS presents challenges due to … Continue Reading

As more states develop regulatory standards for PFAS, many are also recognizing that certain formulations of firefighting foams that were manufactured into the early 2000s or earlier contain legacy PFAS compounds, including Class B Aqueous Film-Forming Foams (AFFF), and that historic applications of these foams in training or in emergency response uses may have contributed to PFAS contamination in the … Continue Reading

The EPA has amended the Chemical Data Reporting rule, under the Toxic Substances Control Act, including revisions to reporting requirements, definition updates and an extension of the 2020 CDR submission period. Production of PFOA and PFOS is subject to CDR reporting.
In this alert, we outline the amendments and how they might affect your company’s obligations under TSCA.… Continue Reading

As we’ve discussed in prior posts, per- and polyfluoroalkyl substances (PFAS) have historically been an important component of aqueous film forming foam (AFFF) products that are used for training and fire suppression. As awareness of PFAS in AFFF has grown over the last several years, governments at the federal, state, and municipal level, as well as industry, have sought to … Continue Reading

The economic impact — both costs and benefits — of the issuance of low parts per trillion standards for nearly ubiquitous PFAS compounds is something that will become clearer as businesses, municipalities, water suppliers and communities act to comply with regulatory standards that require they test for and remove these substances down to trace levels in drinking water and environmental … Continue Reading

The Delaware General Assembly has recently introduced two PFAS-related bills. House Bill 337, introduced on May 29, 2020 and amended on June 16, 2020, would require the Department of Health and Human Services and the Department of Natural Resources and Environmental Control to develop maximum contaminant levels for drinking water contaminants, including PFOS and PFOA. Senate Bill 217, … Continue Reading

U. S. EPA has established a Health Advisory Level for PFOA and PFOS in drinking water of 70 parts per trillion (“ppt”). Several states are regulating PFAS at the low parts per trillion level. For example, on June 1, 2020, the New Jersey Department of Environmental Protection adopted maximum contaminant levels (“MCLs”) in drinking water for PFOA and PFOS of … Continue Reading