On November 16, the Pennsylvania Environmental Quality Board (“EQB”) voted to approve the Pennsylvania Department of Environmental Protection’s (“PADEP”) proposed rule to set binding regulatory standards, known as maximum contaminant limits (“MCLs”) for PFOA and PFOS in drinking water. As discussed in an earlier post, the proposed rule would set those limits at 14
New Pennsylvania DEP PFOA and PFOS Cleanup Standards are Now Effective
New Pennsylvania Department of Environmental of Protection (“PADEP”) regulations that include new cleanup standards for three per- and polyfluoroalkyl substances (PFAS) were published in the Pennsylvania Bulletin on Saturday, November 20, 2021, and are now effective and available for remediation under the Pennsylvania Land Recycling and Environmental Remediation Standards Act (“Act 2”).
We have discussed
EPA Publishes Draft PFAS Analytical Method for Array of Environmental Media
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
New Pennsylvania PFOS and PFOA Cleanup Standards Reach Final Major Regulatory Hurdle
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
California Proposes Public Health Goals for PFOA and PFOS
On July 22, 2021 the California Office of Environmental Health Hazard Assessment (“OEHHA”) released a Draft Technical Support Document proposing a public health goal (“PHG”) of 0.007 parts per trillion (ppt) for PFOA and 1 ppt for PFOS. OEHHA also proposed noncancer health-protective concentrations of 3 ppt for PFOA and 2 ppt for PFOS. The
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
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
Implications of EPA Designation of PFOA and PFOS as “Hazardous Substances”
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
EPA’s PFOA and PFOS “Hazardous Substance” Designation Process
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