PFAS and Emerging Contaminants

Latest from PFAS and Emerging Contaminants

On November 17, 2022, the Independent Regulatory Review Commission (“IRRC”) approved the Pennsylvania Environmental Quality Board’s (“EQB”) new safe drinking water maximum contaminant levels (“MCLs”) for perfluorooctanoic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”) under the Pennsylvania Safe Drinking Water Act regulations at 25 Pa. Code Chapter 109.  The regulations will establish MCLs of

Earlier this summer, the U.S. Environmental Protection Agency (EPA) published its draft fifth Contaminant Candidate List (CCL 5) and accompanying technical support document.

By way of background, contaminants listed on the drinking water Contaminant Candidate List (CCL) are not currently subject to any proposed or promulgated national primary drinking water standards. EPA’s CCL does

On November 4, 2022, the City of Philadelphia filed suit against companies it alleges manufactured or distributed PFAS-containing AFFF and/or other PFAS Products. The City asserts claims in its capacity as a water provider, a wastewater treatment operator, and as an owner of property, e.g., the Philadelphia International Airport.  The action appears to have been

More and more states are passing statutes to restrict and/or monitor sales of products containing PFAS.  Recent news out of Maine suggests some practical downsides to a more aggressive legislative scheme; last month California took a more measured approach.

In July 2021, Maine enacted a law that will bar the sale in Maine of new

New York’s drinking water standards for emerging contaminants are among the most stringent in the country, including standards issued in 2020 for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) at concentrations of 10 parts per trillion (ppt).  See N.Y. Comp. Codes R. & Regs. tit. 10, Section 5-1.52.  Consequently, it should come as no

We previously reported an expected timeline for promulgation of Delaware’s maximum contaminant levels (MCLs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) that was generally in line with the State’s PFOA and PFOS MCL Implementation Plan. However, based on input from officials during a public meeting held on August 25, 2022, that timeline

On September 15, 2022, the U.S. Environmental Protection Agency (“EPA”) filed a motion to dismiss the American Chemistry Council (“ACC”)’s petition for review challenging EPA’s interim Lifetime Health Advisory Levels (“HALs”) for PFOA (0.004 ppt) and PFOS (0.02 ppt).  EPA asserted in its motion that was filed with the US Court of Appeals for the

On September 6, 2022, the United States Environmental Protection Agency (EPA) published in the Federal Register its proposal 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.”  Comments to EPA’s rule proposal must be

As explained in a previous post, Delaware’s Division of Public Health (the “Division”) and Department of Natural Resources and Environmental Control (DNREC) have been tasked with establishing maximum contaminant levels (MCLs) for a pair of non-polymeric perfluoroalkyl and polyfluoroalkyl substances (PFAS). Pursuant to Delaware’s Drinking Water Protection Act directive, the Division recently issued a