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
State PFAS Enforcement Against the Federal Government – Irresistible Force Meets Immovable Object?
In September 2020, the New Mexico Environment Department (NMED) finalized the settlement of an enforcement action against Cannon Air Force Base (CAFB), a federal facility, relating to the facility’s discharge of PFAS-containing wastewater to groundwater without a permit. According to the allegations of an administrative compliance order (ACO) issued in January 2020, CAFB had an
Update on New Hampshire PFAS Standards
In a previous post, we noted the New Hampshire Superior Court’s issuance of a preliminary injunction enjoining the New Hampshire Department of Environmental Services (NHDES) from implementing final maximum contaminant levels (MCLs) and ambient groundwater quality (AGQS) standards for four PFAS compounds. On July 23, 2020, Governor Chris Sununu signed into law legislation
PFAS Weighing Heavily on Regulators in NC
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
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