On September 5, the U.S. Environmental Protection Agency (EPA) cut industry a significant break by postponing the reporting period for the one-time reporting rule for per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA) by eight months. Originally, the TSCA Rule established a reporting…
Articles Posted by Reza Zarghamee
The End of Chevron Deference Could Spell Trouble for EPA’s PFAS “Hazardous Substance” Rule
A recent Supreme Court ruling could further jeopardize EPA’s PFAS hazardous substance designation, as the agency is attempting to advance a novel use of delegated legislative authority to further regulate PFAS chemicals. On June 28, the Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, 603 U.S. ____…
Maine Modifies Its Sweeping PFAS Law
On April 16, 2024, Maine enacted amendments revising the state perfluoroalkyl and polyfluoroalkyl substances (PFAS) law. This law generally prohibits the sale of products containing intentionally added PFAS and includes notification requirements for products with intentionally added PFAS that would continue to be sold. The recent amendments modified the effective dates of certain…
EPA Finalizes Rule Designating PFAS Substances as “Hazardous Substances” Under CERCLA
On April 19, 2024, the Environmental Protection Agency (EPA) finalized its long-awaited rule designating two PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund). The final rule will take effect 60 days after EPA publishes…
PFAS Hazardous Substance Designation Clears White House Review, Nearing Finalization
The Biden Administration is continuing its efforts to regulate per- and polyfluoroalkyl substances (PFAS). On April 15, 2024, the White House Office of Management and Budget (OMB) completed its review of an Environmental Protection Agency (EPA) proposal designating two PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous…
EPA Finalizes Stringent Regulation of PFAS in Drinking Water
On April 10, 2024, the Environmental Protection Agency (EPA) finalized a National Primary Drinking Water Regulation under the Safe Drinking Water Act to establish Maximum Contaminant Levels (MCLs) for five per- and polyfluoroalkyl substances (PFAS): Perfluorooctanoic acid (PFOA) Perfluorooctane sulfonic acid (PFOS) Perfluorononanoic acid (PFNA) Hexafluoropropylene oxide dimer acid (HFPO-DA,…
French Parliament Unanimously Approves a Bill Banning Certain PFAS Products
As regulation of the use of PFAS in consumer products continues to develop at a rapid pace in the United States, businesses that manufacture or sell products internationally should also keep their fingers on the pulse of foreign regulatory developments. On April 4, members of the French Parliament unanimously approved…
Finalized EPA Drinking Water and CERCLA Regulations Fast Approaching
The Environmental Protection Agency (EPA) is continuing its push to regulate per- and polyfluoroalkyl substances (PFAS). Just last week, the agency’s revised PFAS regulations under the Safe Drinking Water Act (SDWA) cleared a key regulatory hurdle and could be finalized in the very near future. Similarly, the agency continues to…
EPA Proposes to Designate Nine PFAS Compounds as Hazardous Constituents, Seeks Industry Input
The clock is winding down on businesses interested in commenting on EPA’s proposal to designate nine per- and polyfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recover Act (RCRA). See Listing of Specific PFAS as Hazardous Constituents (89 Fed. Reg. 8,606, Feb. 8, 2023). EPA continues to…
Major PFAS Legislation Stalled Amid Debate on PFAS Liability for Passive Receivers
As in 2023, Congress continues to focus on PFAS issues in the first months of 2024. In this 118th Congress, at least 39 bills focused on PFAS have been introduced along with several dozen additional bills that tangentially address “forever chemicals.” As we noted in an earlier post, the focus…