As a reminder, the Environmental Protection Agency (EPA) proposed a rule last month that would enhance (1) reporting of perfluoroalkyl and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) and (2) related supplier notification requirements. The deadline to comment
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Pennsylvania’s PFOA and PFOS Maximum Contaminant Level Rule is Now Final and Effective
Pennsylvania’s new “Safe Drinking Water PFAS MCL Rule” became effective on January 14, 2023, upon the publication of the new regulations in the Pennsylvania Bulletin. As discussed in a previous post, this rulemaking establishes new safe drinking water…
Michigan Court Rules State PFAS Drinking Water Regulations Lacked Adequate Consideration of Costs, with Implications for Challenges to Federal PFAS Rulemakings
On November 15, 2022, in response to a challenge by 3M, the Michigan Court of Claims invalidated the drinking water MCLs and attendant groundwater standards for several PFAS substances, including PFOA (8 parts per trillion, or ppt), PFOS (16 ppt),…
National Drinking Water Regulation Proposal May Be Pushed to 2023
Those anticipating the EPA’s promised end-of-year drinking water regulations may have to wait for the new year. Per EPA’s rulemaking webpage, the agency’s anticipated notice of proposed rulemaking (NPRM) for national primary drinking water regulations (NPDWR), including a proposal to…
EPA’s Motion to Dismiss Chemours’ Challenge of the GenX HAL Denied
As previously reported, 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…
Pennsylvania PFOA/PFOS MCL Regulations Advance to Final Step
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…
EPA Finalizes its Fifth Contaminant Candidate List
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…
City of Philadelphia Joins the Fray in Suit Against PFAS Manufacturers
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…
California, Maine Take Similar but Different Approaches in Limiting Sales of Products Containing Intentionally-Added PFAS
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…