The Consumer Product Safety Commission (CPSC) recently released a Request for Information (RFI) to gather information from all stakeholders to better understand the potential presence and uses of per- and polyfluoroalkyl substances (PFAS) in consumer products. The RFI is designed to gather information and comment on a voluntary basis to inform the CPSC and the
Latest from PFAS and Emerging Contaminants
Update on U.S. EPA’s Proposed Rule to Designate PFOA and PFOS as Hazardous Substances Under CERCLA
We have been closely monitoring the progress of the United States Environmental Protection Agency (“EPA”) proposed rule to designate perfluorooctanic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”), two per- and poly-fluoroalkyl substances (“PFAS”), as hazardous substances under the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). If finalized, the rule would have far-reaching consequences
Minnesota Statute Takes a Robust Approach to PFAS Regulation, Including Reporting Requirements for Manufacturers and a Sales Ban
On May 24, 2023, Minnesota’s Governor signed into law a sweeping set of statutory provisions concerning the handling and sale of PFAS-containing products within Minnesota. Among other things, the statute sets a ban on various categories of products containing PFAS, imposes reporting requirements for manufacturers, and directs the Minnesota Pollution Control Agency (“MPCA”) to adopt
EPA Unveils its First-Round UCMR 5 PFAS Sampling Data
As previously reported, the U.S. Environmental Protection Agency (EPA) published its most recent list of unregulated constituents to be monitored by public water systems (PWSs)—the fifth Unregulated Contaminant Monitoring Rule (“UCMR 5”)—on December 27, 2021. Requiring sampling for 30 chemical constituents between 2023 and 2025, UCMR 5 included 29 per- and polyfluoroalkyl substances (PFAS)
PFAS Among EPA’s Enforcement Initiatives
On August 17, 2023, EPA’s Office of Enforcement and Compliance Assurance (OECA) released its National Enforcement and Compliance Initiatives (NECI) for FY 2024-2027, which include addressing exposure to PFAS as an enforcement priority. To select the enforcement initiatives, EPA solicited public comment and received 88 comments from state environmental agencies, environmental groups, industry associations, and
Briefing Complete in Chemours’s Challenge to EPA’s GenX Health Advisory Level
As previously reported, The Chemours Company FC, LLC (“Chemours”) challenged the United States Environmental Protection Agency (“EPA”)’s Health Advisory Level (“HAL”) of 10 ppt for HFPO Dimer Acid, a.k.a. GenX, in the U.S. Court of Appeals for the Third Circuit. The briefing continued throughout June and July, with final briefs submitted last week.
EPA
EPA Revises Schedule for Anticipated CERCLA PFOA and PFOS Hazardous Substance Designation
In September 2022, the United States Environmental Protection Agency (“EPA”) proposed to designate perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), including their salts and structural isomers, as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), also known as “Superfund.” EPA received over sixty-thousand comments on its proposal during the 60-day
USGS Studies PFAS in Tap Water
As part of the PFAS Strategic Science Vision for the U.S. Geological Survey (“USGS”) and consistent with the National Defense Authorization Act for Fiscal Year 2020, which identified activities related to PFAS where USGS could provide support, the USGS undertook a study of PFAS in tap water from private and public supply wells across the
State and Federal PFAS Litigation – 2019 to Q2 2023
PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the second quarter of 2023. We will continue to update these graphics on a quarterly basis.
EPA Receives Thousands of Comments On its Proposed PFAS Maximum Contaminant Levels
As discussed in a previous post, the United States Environmental Protection Agency (EPA) proposed a National Primary Drinking Water Regulation to establish maximum contaminant levels for six different PFAS compounds: perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), hexafluoropropylene oxide dimer acid (HFPO–DA) and its ammonium salt (also known as GenX