The process to revise regulations in Pennsylvania is often long and involved, and the Pennsylvania Department of Environmental Protection’s (PADEP) revision to its Act 2 Chapter 250 regulations to incorporate cleanup standards for three per- and polyfluoroalkyl substances (PFAS) has proved to be no exception. PADEP first published its regulatory proposal in the Pennsylvania Bulletin
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
PADEP Approves NPDES Permit with PFOA and PFOS Discharge Limits
On March 24, 2021, the Pennsylvania Department of Environmental Protection (PADEP) announced that it issued an National Pollutant Discharge Elimination System (NPDES) permit to the Biddle Air National Guard Base (ANGB) (formerly the Horsham Air Guard Station) containing discharge limits of 70 parts per trillion (ppt) for the combined concentration of perfluorooctanoic acid (PFOA)
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
California Expands Review of PFOS, PFOA to Include Cancer Risk
The California Office of Environmental Health Hazard Assessment (OEHHA) is expanding its review of potential substances to add to its Proposition 65 list of chemicals that cause cancer.
Earlier this year, the state announced it intended to add perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) to the list. After the public comment periods ended for
PFAS Federal and State Litigation 2019 to Q1 2021 Infographic
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
EPA Nominee Confirms Focus on PFAS; Advances to Full Senate Confirmation Vote
As previously reported, the Biden administrative is expected to make PFAS regulation and enforcement a priority by, among other things: designating PFAS as hazardous substances, setting enforceable limits under the Safe Drinking Water Act, prioritizing substitutes through procurement policies, and accelerating toxicity studies and research. Plan to Secure Environmental Justice and Economic Opportunity.
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