PFAS and Emerging Contaminants

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Consistent with the U.S. Environmental Protection Agency’s (EPA) PFAS Strategic Roadmap, EPA is just weeks away from issuing a Notice of Proposed Rulemaking to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).  EPA forwarded the proposed rule for White House Office of Management and Budget

On October 20, 2021, Delaware Governor John Carney signed into law House Bill 8, which is enacted as Delaware’s Drinking Water Protection Act (29 Del. C. §§ 8090-8094).

The Act contains two primary directives requiring: (1) establishment of maximum contaminant levels (MCLs) for a pair of non-polymeric perfluoroalkyl and polyfluoroalkyl substances (PFAS); and (2)

Researchers from RTI International (Research Triangle Institute), the Pennsylvania Department of Health, Temple University, and Brown University are seeking 1,000 adults and 300 children to participate in a per- and poly fluoroalkyl substances (PFAS) exposure study: the Pennsylvania PFAS Multi-site Health Study.  Beginning in November 2021, the study is now open for eligible participants

The bipartisan Infrastructure Investment and Jobs Act (“Infrastructure Act”) signed by President Biden on November 15, 2021 provides for $10 billion in funding to address PFAS contamination, nationwide. In a letter to governors dated December 2, 2021, EPA identified its aspirations for this Infrastructure Act funding, which include addressing PFAS and other emerging contaminants

On November 16, the Pennsylvania Environmental Quality Board (“EQB”) voted to approve the Pennsylvania Department of Environmental Protection’s (“PADEP”) proposed rule to set binding regulatory standards, known as maximum contaminant limits (“MCLs”) for PFOA and PFOS in drinking water.  As discussed in an earlier post, the proposed rule would set those limits at 14

New Pennsylvania Department of Environmental of Protection (“PADEP”) regulations that include new cleanup standards for three per- and polyfluoroalkyl substances (PFAS) were published in the Pennsylvania Bulletin on Saturday, November 20, 2021, and are now effective and available for remediation under the Pennsylvania Land Recycling and Environmental Remediation Standards Act (“Act 2”).

We have discussed

This past August, EPA published Draft Method 1633 – Analysis of Per- and Polyfluoroalkyl Substances (“PFAS”) in Aqueous, Solid, Biosolids, and Tissue Samples by LC-MS/MS.  Once, finalized, this single laboratory validated method will be available for 40 PFAS compounds (including Perfluorooctanesulfonic acid (PFOS), Perfluorononanoic acid (PFNA), Perfluorooctanoic acid (PFOA), and Perfluorobutanesulfonic acid (PFBS)) in

In September, EPA set forth its latest draft plan for setting guidelines for PFAS limitations in industrial wastewater in certain industries, and October brought public comments on the draft.  Among EPA’s next steps in its September 2021 Preliminary Effluent Guidelines Program Plan 15 (Preliminary Plan 15) are:

  • a rulemaking process to set new limitations on

On September 23, 2021, the Pennsylvania Independent Regulatory Review Commission (IRRC) approved a final form rulemaking that revises the Pennsylvania Department of Environmental Protection’s (PADEP) regulations that implement that Land Recycling and Environmental Remediation Standards Act (Act 2).

As we discussed in a previous post, this regulatory revision includes the following new groundwater