On April 8, 2024, the EPA Administrator signed the final rule establishing drinking water standards, also known as MCLs, for six PFAS (PFOA, PFOS, PFNA, GenX (HFPO-DA), PFHxS, and PFBS). The final MCLs for PFOA and PFOS are the same as the level set forth in the proposed rule, 4 ppt. The final rule also
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Fifth Circuit Vacates EPA’s Orders Regulating PFAS under Significant New Use Rule
The Fifth Circuit issued a decision vacating two EPA orders directing Inhance Technologies (Inhance) to close its barrier technology facilities. As its basis for issuing the orders, EPA had identified Inhance’s fluorination process as a “significant new use” that presented an unreasonable risk of injury to human health and the environment due to its creation…
PADEP Proposes Key PFAS Amendments to Act 2 Regulations
On March 12, 2024, the Pennsylvania Environmental Quality Board (EQB) approved the Pennsylvania Department of Environmental Protection’s (PADEP) proposal to amend the Land Recycling and Remediation Standards Act regulations under Chapter 250 of the Pennsylvania Code. Included in the rulemaking are cleanup standards for select new Per- and Polyfluoroalkyl substances (PFAS): Gen-X (Hexafluoropropylene Oxide…
USEPA Seeks Public Comment on Proposed Information Request to POTWs
USEPA announced today the intention, under Clean Water Act authority, to issue an information request to the largest publicly owned sewage treatment works (POTWs). USEPA seeks public comment on the proposal by May 28, 2024. The first step would be an electronic questionnaire to about 400 POTWs. Questions will focus on industrial users discharging to…
New Jersey Finalizes Law Restricting PFAS in Firefighting Foam and Creating Take-Back Program
Last month, Governor Murphy signed a bill that affects the use of per- and polyfluoroalkyl substances (“PFAS”) in firefighting foam. The law, approved as P.L.2023, c.243 (Bill A4125 or S2712), accomplishes a few things: it (1) largely prohibits PFAS-containing firefighting foam, (2) asks the New Jersey Department of Environmental Protection (NJDEP) to form a collection…
Maine and Minnesota Accepting Proposals Through March 1, 2024 for “Currently Unavoidable Use” Exemptions from Upcoming State Ban on PFAS-Containing Products
As we’ve posted here before, by statutory enactment, Maine intends to ban the sale, marketing, and distribution of products or product components containing intentionally added PFAS, effective January 1, 2030. 38 M.R.S. § 1614. This follows Maine’s notification requirements for products containing intentionally added PFAS, which is effective January 1, 2025. The…
EPA Proposes to List Nine PFAS as RCRA Hazardous Constituents
On February 8, 2024, EPA published a proposed rule to list nine PFAS, their salts and their structural isomers, as hazardous constituents under RCRA regulations. If the proposed rule is finalized, the nine PFAS (PFOA, PFOS, PFBS, GenX, PFNA, PFHxS, PFDA, PFHxA, and PFBA) would be among the hazardous constituents subject to corrective action at…
State and Federal PFAS Litigation – 2019 to Q4 2023
PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the fourth quarter of 2023. We will continue to update these graphics on a quarterly basis.
Recent Progress Report Issued by EPA Foreshadows Landmark Year for Federal Regulation of PFAS
By Aaron Mapes
Soon after the Biden Administration took office, the United States Environmental Protection Agency (“EPA”) issued a Strategic Roadmap highlighting the many ways it planned to “research, restrict, and remediate” per-and poly-fluoroalkyl substances (“PFAS”) during the Administration’s first term. Among the most significant objectives of the “restrict” and “remediate” portions of the Roadmap were plans to…
DuPont Companies to Pay Delaware an Extra $25 Million Under 2021 PFAS Settlement
A recent DuPont settlement in Ohio triggers additional payments to Delaware under a 2021 agreement. In June 2021, (i) E. I. du Pont de Nemours and Company, (ii) Corteva, Inc., (iii) The Chemours Company, and (iv) DuPont de Nemours, Inc. (collectively, “DuPont”) entered into a broad settlement agreement resolving Natural Resource Damage claims with the…