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
PFAS and Presidential Politics
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
States Begin to Regulate PFAS in Water Discharges
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
State AFFF takeback programs may provide appropriate disposal options for local authorities and other users of older PFAS-containing foams
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
EPA Amends Chemical Data Reporting Rule With New Definitions and Deadline Extension
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
New Eco-Certification Looks To Identify “PFAS-Free” Firefighting Foam Products
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
Costs and Benefits of Regulating to PPT Not Yet Understood
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
The Challenge of Regulating to (and Achieving) Parts Per Trillion
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
Lack of Approved Analytical Methodologies a Challenge to Site Characterization
One of the potential challenges with starting and completing site characterizations for PFAS compounds (in addition to the lack of approved cleanup standards for many of the environmental media) is the lack of approved and/or certified laboratory analytical methodologies, both at the federal and state levels (in many states), for media other than drinking water
SCREENING LEVELS VS. HEALTH ADVISORY LEVELS
On December 20, 2019, the United States Environmental Protection Agency (EPA) issued its Interim Recommendations for Addressing Groundwater Contaminated with Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonate (PFOS) under federal cleanup programs, such the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). EPA’s guidance recommends the use of