EPA today released updated interim drinking water health advisories for PFOA and PFOS. The health advisory level was previously 70 ppt (parts per trillion) for the total of PFOA and PFOS. The updated interim health advisory levels are now 0.004 ppt for PFOA and 0.020 ppt for PFOS, three orders of magnitude lower. EPA’s health
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Has the 10th Circuit Paved the Way for More Clean Air Act Mobile Source Citizen Suits?
In a case that could open the door to more citizen suits to enforce mobile source provisions of the Clean Air Act—a category of enforcement actions that has so far failed to gain much traction—the 10th Circuit Court of Appeals recently issued an opinion broadly upholding a non-profit organization’s standing. Utah Physicians for a Healthy…
EPA Finalizes Rule Requiring PFAS Testing of Public Water Systems
Earlier this week, the U.S. EPA published the fifth Unregulated Contaminant Monitoring Rule (UCMR 5). Pursuant to the rule, all public water systems serving more than 10,000 people, as well as public water systems serving between 3,300 and 10,000 people (but only if sufficient funding and lab capacity is available), will be required to conduct…
State and Federal PFAS Drinking Water Standards
Per- and polyfluoroalkyl substances (“PFAS”) are a group of man-made chemicals that contain nearly 5,000 different compounds. PFAS are ubiquitous and can be found in a variety of everyday products, including stain- and water-resistant fabrics and carpeting, cleaning products, cookware, paints, and fire-fighting foams.
While PFAS compounds remain largely unregulated at the federal level, the…
Are Pretreatment Standards for PFAS in Landfill Leachate Coming?
The U.S. EPA recently released the 15th installment of its Preliminary Effluent Guidelines Program Plan[1]. In addition to announcing the initiation of new rulemakings for certain categories of industrial dischargers, the report provides a window into where the agency is focusing its attention for potential future clean water act regulations. This year, landfills…
Proposed Vermont Regulations Threaten to Upend Process for Treatment of Oily Wastewater
The Vermont Department of Environmental Conservation (VDEC) is currently in the process of reviewing and reauthorizing its Hazardous Waste Management Regulations. Mixed among the updates is a proposed provision that should be of great concern to generators of used oil wastewater. Section 7-805 of VDEC’s hazardous waste regulations delineates the requirements for wastewater to…
Back to the Future: Waters of United States Reverts to Pre-2015 Definition
Developers, ranchers, farmers and others who fill or alter bodies of water have seen a never-ending carousel of regulatory changes to the federal rules that apply to such activities. Earlier this week, an Arizona federal court made one more change while new rules are being written.
On August 30, 2021, the U.S. District Court for…
EPA Issues An Enforcement Alert to Metal Recycling Facilities to Address VOC Emissions
EPA recently issued an Enforcement Alert to owners and operators of metal recycling facilities about high levels of VOC emissions that have been identified at a number of large shredders. The issue of VOC emissions from metal shredders has not previously been well known or understood. EPA is now publicly acknowledging the issue and, finally,…
U.S. House Passes Bill Requiring EPA to Regulate PFAS Compounds
On July 21, 2021, the U.S. House of Representatives passed the PFAS Action Act of 2011, requiring EPA to establish nationwide drinking water standards for PFOA and PFOS, two of the thousands of PFAS compounds. EPA has previously established non-enforceable drinking water health advisories for PFOA and PFOS of 70 ppt.
The bill also…
Illinois Issues Conservative PFAS Health Advisories
Illinois has become the latest state to issue formal Health Advisories for a number of Per- and Polyfluoroalkyl Substances (PFAS). The Health Advisories are for four compounds—Perfluorobutanesulfonic (PFBS) (140,000 parts per trillion “ppt”); Perfluorohexanesulfonic acid (PFHxS) (140 ppt); Perfluorooctanoic acid (PFOA) (2 ppt); and Perfluorohexanoic acid (PFHxA) (560,000 ppt)—and the Illinois Environmental Protection Agency (EPA)…