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 …
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…
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…
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…
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.
PADEP COVID-19 Emergency Request to Temporarily Suspend…
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…
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…
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