The bipartisan Infrastructure Investment and Jobs Act (“Infrastructure Act”) signed by President Biden on November 15, 2021 provides for $10 billion in funding to address PFAS contamination, nationwide. In a letter to governors dated December 2, 2021, EPA identified its aspirations for this Infrastructure Act funding, which include addressing PFAS and other emerging contaminants
U.S. EPA PFAS Updates
Industry Specific Effluent Limitation Guidelines for PFAS Are Coming – EPA’s Preliminary Plan 15
By Adam H. Cutler on
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
…
Potential Impact PFOA and PFOS Designation as “Hazardous Substance” on Ongoing EPA-lead Investigations and Remediations
By Adam H. Cutler & Robert J. Schena on
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”
By Adam H. Cutler & Robert J. Schena on
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…
Your Mission, Should You Choose to Accept It…: The “Innovative Ways to Destroy PFAS Challenge”
By Adam H. Cutler on
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…
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…
PA Department of Environment Protection Issues COVID-19 Guidance
By Robert J. Schena on
In response to the COVID-19 emergency, and consistent with Gov. Tom Wolf’s Proclamation of Disaster Emergency of March 6, 2020, the Pennsylvania Department of Environmental Protection (PADEP) has developed guidance for those permit holders and operators who have questions about their obligations during this time.
Key Points:
PADEP COVID-19 Emergency Request to Temporarily Suspend…
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…
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…