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
Regulations
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 …
EPA Nominee Confirms Focus on PFAS; Advances to Full Senate Confirmation Vote
By Christopher M. Roe on
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…
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…
EPA’s PFOA and PFOS “Hazardous Substance” Designation Process
By Robert J. Schena on
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…
NJDEP Issues Final Rule Regulating PFOA and PFOS
By Adam H. Cutler on
On June 1, 2020, NJDEP published its final rule (52 N.J.R. 1165(b)) setting drinking water standards, also known as maximum contaminant levels or “MCLs,” and final groundwater standards for the PFAS compounds perfluorooctanoic acid (“PFOA”) and perfluorooctane sulfonate (“PFOS”) pursuant to the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1, et seq., and 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…
Update on NJDEP Issuance of Final Drinking Water and Groundwater Cleanup Standards for PFOA and PFOS, Addition of PFOA and PFOS to Its List of Hazardous Substances, and Amendment of Other Rules Related to PFOA, PFOS and PFNA
By Adam H. Cutler & Robert J. Schena on
Updating our previous post, as of the April 6, 2020 issue of the New Jersey Register, NJDEP has not yet published its anticipated Final Rule setting drinking water and groundwater cleanup standards for PFOA and PFOS, adding those substances to NJDEP’s list of hazardous substances under the Spill Act, and amending other rules related to…
UPDATED 4/6/2020: NJDEP Issuing Final Drinking Water and Groundwater Cleanup Standards for PFOA and PFOS; Adding PFOA and PFOS to Its List of Hazardous Substances; and Amending Other Rules Related to PFOA, PFOS and PFNA
By Adam H. Cutler & Robert J. Schena on
Consistent with a Proposed Rule published on April 1, 2019, NJDEP will publish a Final Rule in the New Jersey Register (possibly as soon as April 6, 2020) [UPDATED 4/6/2020: As of the April 6, 2020 issue of the New Jersey Register, the rule has not yet been published; the Office of Administrative Law…