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
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EPA Files Motion to Dismiss ACC Petition for Review of PFOA and PFOS HALs and Reports Proposed MCLs are Expected in 2022
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
EPA Proposes Designation of PFOA and PFOS as Hazardous Substances under CERCLA
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
State Enforcement Against the Federal Government, Part 2
Almost two years ago, we posted on the civil settlement of a dispute between the New Mexico Environment Department (NMED) and the U.S. Department of Defense (DoD) over a state-level enforcement action against Cannon Air Force Base (CAFB), a federal facility, relating to the facility’s discharge of PFAS-containing wastewater to groundwater without a permit. NMED
An Expected Timeline of Delaware’s Maximum Contaminant Levels for PFOA and PFOS
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
White House Office Calls for Information to Identify Data Gaps in PFAS Research and Development
The White House Office of Science and Technology Policy (OSTP) recently published in the federal register its Request for Information to all interested parties to ultimately “identify data gaps in research and development regarding several aspects of per- and polyfluoroalkyl substances (PFAS).” OSTP has identified the five following research and development goals:
“(A) The removal
Chemours Appeals EPA’s GenX Health Advisory Level
On July 13, 2022, The Chemours Company FC, LLC (“Chemours”) filed a Petition for Review with the Third Circuit U.S. Court of Appeals challenging the United States Environmental Protection Agency (“EPA”)’s Health Advisory Level (“HAL”) of 10 ppt for HFPO Dimer Acid, a.k.a. GenX, alleging that the HAL is based on a “deeply flawed, scientifically
Outcome of PFAS Decision Remains Uncertain in the Midst of Stay
On February 23, 2021, Plaintiffs Wisconsin Manufacturers and Commerce (WMC) and Oconomowos dry cleaner sued Wisconsin’s Department of Natural Resources (WDNR) seeking declaratory relief and an order to enjoin WDNR from attempting to regulate certain emerging contaminants, including per- and polyfluorolalkyl substances (PFAS), and from enforcing the agency’s “interim decision” policy.
How to Respond to an EPA or PADEP PFAS Information Request
As part of its “PFAS Strategic Roadmap,” EPA has stated that it intends to designate PFOA and PFOS as “hazardous substances” under the Comprehensive Environmental Responses, Compensation, and Liability Act (CERCLA). EPA took the first step in this process on January 10, 2022, when it submitted its proposed rule to the White
EPA Announces Funding for Disadvantaged Communities to Address PFAS in Drinking Water, Synthesizing Approaches to PFAS and Environmental Justice
Alongside USEPA’s recent issuance of new Health Advisory Levels, or HALs, for certain PFAS chemicals (namely, PFOA, PFOS, PFBS, and GenX), the Agency also announced that, as part of the Biden Administration’s whole-of-government effort to address PFAS, USEPA is making available $1 billion in grant funding in Fiscal Year 2022 (and a total of