Category: PFAS

EPA Offices, Washington DC
EPA / PFAS
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EPA Announces List of Upcoming Agency Actions to Address PFAS

The Environmental Protection Agency announced April 28 a list of upcoming agency actions to address Per- and Polyfluoroalkyl Substances (PFAS). 

This week’s announcement provides a broad outline of EPA’s plans that centers around three principles: (1) strengthening the scientific understanding of PFAS, (2) fulfilling statutory obligations and enhancing communication, and (3) building partnerships. 

PFAS are a class of thousands of humanmade “forever chemicals” that can last for many years in the environment. They are used in manufacturing and consumer products, such as non-stick pans, raincoats, …

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Flag of California
California / PFAS
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California Bill Expands Definition of ‘Intentionally Added PFAS’

Our blog has reported previously on California PFAS regulations, including its watershed laws with novel definitions of PFAS and the noted problems with the total organic fluorine testing method. (Prior CA blog posts on PFAS).

We have also written on California’s PFAS ban in many children’s products and in disposable food packaging (here), California’s requirements on carpet and rug manufacturers to consider alternatives to PFAS, and bans (except under specified circumstances) on any cosmetic product that contains any of several specified …

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New Jersey Flag with blue sky background
New Jersey / PFAS
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New Jersey Proposal Transitions PFAS Criteria to Enforceable Remediation Standards

In March, the New Jersey Department of Environmental Protection (NJDEP) proposed to formally add GenX, PFNA, PFOA, PFOS — all PFAS compounds — and methanol to the list of regulated contaminants under various statutes.

This includes the Ground Water Quality Standards (GWQS), Remediation Standards, and Technical Requirements for Site Remediation.

The proposed amendments establish a specific ground water quality criterion for GenX, as well as soil and soil leachate remediation standards for PFNA, PFOA, PFOS, GenX, and methanol. Each of these contaminants were previously regulated …

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Fire-fighters applying foam to a fire.
Litigation / PFAS
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New Strategy is Embraced for Product Identification in Multidistrict PFAS Litigation

The Aqueous Film-Forming Foam (AFFF) MDL has taken a significant step forward with the introduction of a new case management program intended to streamline the complex process of product identification. The program’s structured approach is designed to enhance efficiency and accuracy in identifying the sources of contamination, thereby facilitating more effective legal proceedings.

The AFFF MDL is a multidistrict litigation that consolidates thousands of lawsuits across the United States concerning exposure to per- and polyfluoroalkyl substances (or PFAS). Due to its motility and unique chemical properties, …

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A man's hand in a blue glove takes a close-up of water into a test tube to measure water pollution
EPA / PFAS
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Update RE: EPA’s Proposed PFAS Rule Comment Period

In 2024, the EPA proposed a PFAS rule with a January 17, 2025, comment deadline in response to questions from the industry regarding the effective date of supplier notifications for mixtures or trade name products containing a per- or polyfluoroalkyl substance (PFAS) listed on the Toxics Release Inventory (TRI). 90 Fed. Reg. 10043. Stakeholders questioned whether the supplier notification requirements for PFAS begin on January 1, 2025, when PFAS were to be added to the statutory TRI chemical list, or upon EPA completing a rulemaking …

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New Jersey Flag with blue sky background
New Jersey / PFAS
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Trial and Juror: 3M and Dupont Move to ‘Bench’ NJDEP PFAS Case

In 2019, the New Jersey Department of Environmental Protection (NJDEP) brought suit against Dupont and 3M seeking clean-up, removal, and costs for what NJ officials claimed was more than 100 years of indiscriminate dumping of thousands of pollutants into the Chambers Works compound in Salem County, NJ.

According to the pleadings, among the contaminants released were per- and polyfluoroalkyl substances (PFAS), known for their motility and resistance to biodegradation, and linked to various kinds of cancer. The complaint alleges PFAS have been knowingly dispersed into …

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EPA Offices, Washington DC
EPA / PFAS
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EPA Continues Removing Confidential Business Info and De Minimis Exemptions for PFAS Chemicals

While ringing in the New Year, the Environmental Protection Agency announced the addition of nine per- and polyfluoroalkyl (PFAS) substances to the list of chemicals covered by the Toxics Release Inventory (TRI) pursuant to the Emergency Planning and Community Right-to-Know Act (EPCRA), making them the latest PFAS that can no longer be claimed as confidential business information. 

These chemicals include the following:

  • Ammonium perfluorodecanoate (PFDA NH4) (3108-42-7)
  • Sodium perfluorodecanoate (PFDA-Na) (3830-45-3)
  • Perfluoro-3-methoxypropanoic acid (377-73-1)
  • 6:2 Fluorotelomer sulfonate acid (27619-97-2)
  • 6:2 Fluorotelomer sulfonate anion (425670-75-3)
  • 6:2
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EPA Offices, Washington DC
EPA / PFAS
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EPA Rule Kills Trichloroethylene and Cripples Perchloroethylene

Our blog has written on EPA’s placement of Trichloroethylene (TCE on the chopping block and the phase down of Perchloroethylene (PCE). And early this week, the Environmental Protection Agency finalized those proposed rules with the latest risk management regulations for those two chemicals.

Under the rule, “all uses of TCE will be banned over time (with the vast majority of identified risks eliminated within one year), and safer alternatives are readily available for the majority of uses.” Further, the rule will “ban[] manufacture, processing and distribution …

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Scientist-with-beaker
PFAS / Toxic Substances
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EPA Removes Toxic Substances Control Act Exemptions for PFAS

The Environmental Protection Agency announced Dec. 4 finalized amendments on the regulation of new chemicals under the Toxic Substances Control Act (TSCA).

Specifically, the EPA targeted stricter regulations of certain exemptions under the TCSA for PFAS and PBT chemicals. As our blog has previously reported, the challenges surrounding the manufacturing of PFAS and PFAS PBT chemicals continue to steadily increase.

The EPA through the TCSA review program acts as a “gatekeeper” for the manufacture of “new chemicals” (i.e. chemicals not presently listed in the …

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EPA Offices, Washington DC
EPA / PFAS
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EPA Proposes Addition of More PFAS and PFAS Categories to Toxic Release Inventory

As our blog has reported frequently, the Environmental Protection Agency announced an ambitious national strategy to address per- and polyfluoroalkyl substances (PFAS). Dubbed a “roadmap,” the EPA says it is centered on three guiding strategies focused on research, restrictions, and remediation. Specifically: “Increase investments in research, leverage authorities to take action now to restrict PFAS chemicals from being released into the environment and accelerate the cleanup of PFAS contamination.”  As part of this plan, we have blogged many times about the additions of various …

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