On November 16, the Pennsylvania Environmental Quality Board (“EQB”) voted to approve the Pennsylvania Department of Environmental Protection’s (“PADEP”) proposed rule to set binding regulatory standards, known as maximum contaminant limits (“MCLs”) for PFOA and PFOS in drinking water. As discussed in an earlier post, the proposed rule would set those limits at 14
Industry Specific Effluent Limitation Guidelines for PFAS Are Coming – EPA’s Preliminary Plan 15
In September, EPA set forth its latest draft plan for setting guidelines for PFAS limitations in industrial wastewater in certain industries, and October brought public comments on the draft. Among EPA’s next steps in its September 2021 Preliminary Effluent Guidelines Program Plan 15 (Preliminary Plan 15) are:
- a rulemaking process to set new limitations on
Pennsylvania Moves One Step Closer to Issuance of Drinking Water Standards for PFOA and PFOS
At its July 29, 2021 meeting, the Pennsylvania Department of Environmental Protection (“Department”)’s Public Water System Technical Assistance Center (TAC) Board voted to recommend that the Department proceed with a draft proposed rulemaking to set maximum contaminant levels (MCLs) in drinking water for certain PFAS compounds. The Department has proposed drinking water levels of 14
Surface Water Data in Pennsylvania Identifies PFAS in Multiple Locations Statewide
The march toward regulation of PFAS in Pennsylvania continues (see our recent post on statewide public water system sampling results), with the release of final data from sampling conducted in September 2019 of surface waters throughout the Commonwealth. The study, a collaboration among the U.S. Geological Service (“USGS”), the Susquehanna River Basin Commission, and
EPA Takes Two More Steps Down the Long and Winding Road to National Primary Drinking Water Regulations for PFAS
In the March 3, 2021 Federal Register, EPA issued its final regulatory determinations for substances on the fourth Drinking Water Contaminant Candidate List (“CCL 4”). Under the federal Safe Drinking Water Act, EPA is required to publish a list every five years of chemicals that are known or suspected to be found in public drinking
Impact of “Hazardous Substance” CERCLA Designation on State Superfund Laws
We’ve discussed in our previous posts the process that EPA will likely use to designate PFOA and PFOS as “hazardous substances,” how that designation will impact responsible parties, and what effects it may have on current EPA-lead investigations and remediations. In this article we discuss how the process may impact states that are
Potential Impact PFOA and PFOS Designation as “Hazardous Substance” on Ongoing EPA-lead Investigations and Remediations
In two of our previous posts, we discussed the United States Environmental Protection Agency’s (EPA) “Hazardous Substance” Designation Process and the Implications of a Designation on Responsible Parties. Here, in this post, we discuss what a designation of PFOA and PFOS might mean for ongoing investigations and remediations lead by EPA.
Current EPA Interim
Implications of EPA Designation of PFOA and PFOS as “Hazardous Substances”
The Biden Administration has pledged to designate certain PFAS as hazardous substances under federal law. What effect would the United States Environmental Protection Agency’s (EPA) designation of PFOA and PFOS as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) have on the legal landscape? As you may recall, in a previous
State PFAS Enforcement Against the Federal Government – Irresistible Force Meets Immovable Object?
In September 2020, the New Mexico Environment Department (NMED) finalized the settlement of an enforcement action against Cannon Air Force Base (CAFB), a federal facility, relating to the facility’s discharge of PFAS-containing wastewater to groundwater without a permit. According to the allegations of an administrative compliance order (ACO) issued in January 2020, CAFB had an
Your Mission, Should You Choose to Accept It…: The “Innovative Ways to Destroy PFAS Challenge”
In July 2020, we posted on takeback disposal options for some PFAS-containing firefighting foams, with a caveat about recent actions taken by the New York State Department of Environmental Conservation (NYDEC) to suspend incineration of AFFF that the U.S. Department of Defense (DoD) had sent to a hazardous waste facility in Cohoes, NY, pending the