This past August, EPA published Draft Method 1633 – Analysis of Per- and Polyfluoroalkyl Substances (“PFAS”) in Aqueous, Solid, Biosolids, and Tissue Samples by LC-MS/MS.  Once, finalized, this single laboratory validated method will be available for 40 PFAS compounds (including Perfluorooctanesulfonic acid (PFOS), Perfluorononanoic acid (PFNA), Perfluorooctanoic acid (PFOA), and Perfluorobutanesulfonic acid (PFBS)) in

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

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

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

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

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.

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

For the past several years, much attention has been focused on the United States Environmental Protection Agency’s (EPA) legal authority to respond to PFAS contamination. When EPA published its PFAS Action Plan in February 2019, it discussed, among other things, designating PFOS and PFOA as “hazardous substances” through one of the available statutory mechanisms under

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

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