Per- and polyfluoroalkyl substances (PFAS) continue to garner regulatory attention at the federal and state levels. One of the regulatory milestones set forth in the Biden EPA’s 2021 PFAS Strategic Roadmap was the finalization and implementation of a one-time reporting rule that the Agency had proposed in June 2021 under…
Articles Posted by Reza Zarghamee
Proposed Rule to Designate Two PFAS Chemicals as Hazardous Substances Stands to Up the Ante for Site Remediation
On Friday, August 26, 2022, the U.S. Environmental Protection Agency (EPA) released a pre-publication notice of a long-awaited proposed rule to designate two of the most-studied per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In an…
EPA Announces Stringent New Health Advisory Levels for Four PFAS Chemicals
On June 15, 2022, the EPA released drinking water health advisory levels for four per- and polyfluoroalkyl substances (PFAS): PFOA, PFOS, PFBS and GenX. The announcement reflects the Biden administration’s continued push to regulate PFAS. In requesting information from its Scientific Advisory Board (SAB) on PFOA and PFOS last fall,…
Update—Beyond the Roadmap: Additional PFAS Developments
(Note: This update involves recent developments on a topic covered in a December 2021 client alert.) As advised in part by the Biden Administration, developments in the regulation of per- and polyfluoroalkyl substances (PFAS) continue to unfold. Not only did the EPA release its PFAS Strategic Roadmap in October, but it…
Biden EPA Doubles Down on Chemical Regulation with PFAS Strategic Roadmap
Federal efforts to regulate per- and polyfluoroalkyl substances (PFAS) have continued in recent months. Most notably, on October 21, 2021, the U.S. Environmental Protection Agency (EPA or the Agency) released its PFAS Strategic Roadmap. This document promises to establish a comprehensive, whole-of-agency approach to regulating PFAS, by building off the…
Information Requests and Subpoenas for PFAS Likely to Increase, as Biden Administration Ramps Up Regulation of PFAS
In recent years, per- and polyfluoroalkyl substances or, as they are more commonly known, “PFAS,” have been the subject of high-profile litigation and heightened scrutiny by federal and state governments as concerns rise about the risks they present to human health and the environment. This trend is of significant interest…
The “Everywhere Chemical”—Might Phthalates Become the Next PFAS?
The term “phthalate” denotes a class of chemicals that have been used since the 1920s to improve the flexibility and durability of plastic. Accordingly, phthalates can be found in hundreds, if not thousands, of everyday products, ranging from food packaging to toys, medical devices, construction materials, textiles, cosmetics, soaps, and…
Regulatory Overview on PFAS in the United States
Given the ubiquity of PFAS in commercial products, the expectation is that U.S. regulation of PFAS and liability risks associated with PFAS will be of interest to a wide array of Japanese businesses, including specialty chemical companies, industrial manufacturers, oil and gas operations, and trading companies. This below article briefly…
EPA Finalizes Toxics Release Inventory Listing for 172 PFAS
The Implications on EPCRA Reporting The National Defense Authorization Act for Fiscal Year 2020 (NDAA) required that the U.S. Environmental Protection Agency (EPA) add certain poly- and perfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI). EPA’s final rule adding these PFAS to the TRI toxic chemicals list took effect…
EPA Proposed Regulatory Determination Represents a Step in Creating Standards for PFAS
On February 20, 2020, the U.S. Environmental Protection Agency (EPA or the Agency) took another step toward tightening its regulation of a wide range of several thousand synthetic chemicals known as perfluoroalkyl substances (PFAS) by issuing a pre-publication notice of a proposed regulatory determination to develop drinking water standards for…