On June 1, 2020, NJDEP published its final rule (52 N.J.R. 1165(b)) setting drinking water standards, also known as maximum contaminant levels or “MCLs,” and final groundwater standards for the PFAS compounds perfluorooctanoic acid (“PFOA”) and perfluorooctane sulfonate (“PFOS”) pursuant to the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1, et seq., and the
Adam H. Cutler
EPA Releases 2019 Year in Review, Including Summary of PFAS Actions
By Adam H. Cutler on
Earlier this year, the EPA put out its annual Year in Review, summarizing its major accomplishments for 2019 across the full breadth of the agency’s program activities. With respect to PFAS, EPA identified the following key milestones achieved during the year relating to the issuance of its PFAS Action Plan in February 2019, and…
Update on NJDEP Issuance of Final Drinking Water and Groundwater Cleanup Standards for PFOA and PFOS, Addition of PFOA and PFOS to Its List of Hazardous Substances, and Amendment of Other Rules Related to PFOA, PFOS and PFNA
By Adam H. Cutler & Robert J. Schena on
Updating our previous post, as of the April 6, 2020 issue of the New Jersey Register, NJDEP has not yet published its anticipated Final Rule setting drinking water and groundwater cleanup standards for PFOA and PFOS, adding those substances to NJDEP’s list of hazardous substances under the Spill Act, and amending other rules related to…
UPDATED 4/6/2020: NJDEP Issuing Final Drinking Water and Groundwater Cleanup Standards for PFOA and PFOS; Adding PFOA and PFOS to Its List of Hazardous Substances; and Amending Other Rules Related to PFOA, PFOS and PFNA
By Adam H. Cutler & Robert J. Schena on
Consistent with a Proposed Rule published on April 1, 2019, NJDEP will publish a Final Rule in the New Jersey Register (possibly as soon as April 6, 2020) [UPDATED 4/6/2020: As of the April 6, 2020 issue of the New Jersey Register, the rule has not yet been published; the Office of Administrative Law…
Regulatory Status of PFAS by U.S. EPA as of February 2020
By Adam H. Cutler & Karen H. Davis on
EPA is working on a number of initiatives to regulate PFAS pursuant to the EPA PFAS Action Plan, and a number of timelines have been put in place as a result of the late 2019 enactment of the National Defense Authorization Act for Fiscal Year 2020 (“NDAA”), see generally Sections 7301-7362. However, as of February…
EWG Report Highlights Any PFAS Impact Over 1 ppt
By Karen H. Davis & Adam H. Cutler on
On January 22, 2020, the Environmental Working Group, “EWG”, a U.S. activist organization, released a report contending that PFAS contamination of tap water is far more prevalent than previously reported. The EWG report was picked up by the national press and widely reported with headlines raising the alarm regarding the levels of PFAS in drinking…
PFAS In EPA’s Fiscal Year 2021 Budget
By Karen H. Davis & Adam H. Cutler on
On February 10, 2020, the Trump administration announced its proposed U.S. EPA budget for fiscal year 2021 of $6.7 billion down from $9.1 billion for fiscal year 2020, representing a 26% cut. While it is unlikely that the proposed budget cuts will be approved by Congress, it is notable that the proposed EPA budget included…