Category: PFAS

The toxic symbol on chemical products, dangerous chemicals in industry
EPA / PFAS
Posted by:

EPA Adds Seven More PFAS To Toxic Release Inventory List

As our blog has reported a number of times, the Environmental Protection Agency announced an ambitious national strategy to address per- and polyfluoroalkyl substances (PFAS). Dubbed a “roadmap,” the EPA says that 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, the EPA last week announced the …

Continue Reading
Firefighting foam.
Litigation / PFAS
Posted by:

Doomed from the Start: Sixth Circuit Extinguishes Hardwick Class-Action PFAS Litigation

“Seldom is so ambitious a case filed on so slight a basis.”

That was the first sentence of Judge RaymondKethledge’s opinion vacating a district court order that certified a class of over 11 million Ohio residents who alleged various companies put their health at risk by manufacturing and selling products containing PFAS.  The panel of three judges on the U.S. Court of Appeals for the Sixth Circuit— Kethledge, Thapar, and Mathis — instructed the district court to dismiss this much-talked-about case for lack of jurisdiction. …

Continue Reading
Chemical hazard pictograms Toxic focus
CERCLA / EPA / PFAS
Posted by:

CERCLA’n the Wagons: Even as it Seeks to Expand PFAS Regulations, EPA Will Not Enforce Rules Against Certain Groups

Since early 2022, the Environmental Protection Agency has pursued authority to establish a rule designating PFAS (per- and polyfluoroalkyl substances) as “hazardous substances” under the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA), also known as the Superfund Act. 

On August 12, 2022, the CERCLA PFAS designation effort advanced significantly when the Office of Management and Budget approved the EPA’s plan to designate PFOA and PFOS — perfluorooctanoic acid (PFOA) and perfluoroctane sulfonic acid (PFOS) — as hazards. This opened the door for the EPA …

Continue Reading
Black frying pans with a non-stick teflon coating on black background
PFAS
Posted by:

CPSC Sets its Sights on PFAS in Consumer Products, Bringing Future Regulation into Focus

The Consumer Product Safety Commission (CPSC) recently published a request for information (RFI) on per- and polyfluoroalkyl substances (PFAS) “used in commerce or potentially used in consumer products,” and as directed toward information on “potential exposures associated with the use of PFAS in consumer products, and potential human health effects associated with exposures to PFAS from their use in consumer products.”

This RFI concerns “consumer products” which includes products used in, or around, the home or school that are subject to CPSC jurisdiction under the Consumer …

Continue Reading
Maine State Flag in Blue Sky
PFAS
Posted by:

Maine’s Difficulties Implementing its PFAS Law Could Foreshadow Similar Issues Nationwide

Maine recently delayed the January 2024 implementation of a first-of-its-kind law requiring manufacturers to disclose PFAS in products sold in the state, effectively banning PFAS in most such products by 2030. 

Manufacturers of products containing PFAS now have until January 2025 to report them. Meanwhile, Maine also created two reporting exemptions — one for businesses employing 25 or fewer people, and one when a sale involves a used product or component.

In response to the State Legislature’s action, the Maine Department of Environmental Protection (DEP) suspended …

Continue Reading
PFAS
Posted by:

Steel Beats Glass and Plastic, All Beat Paper: New Study Finds PFAS In Various Types Of Drinking Straws

A study published last week by the Food Additives & Contaminants: Part A journal — a journal that publishes on natural and man-made food additives and contaminants in food and the animal feed chain and is an affiliated journal of the International Society for Mycotoxicology — might make people think twice when selecting straws for their drinks.

The study — titled “Assessment of poly- and perfluoroalkyl substances (PFAS) in commercially available drinking straws using targeted and suspect screening approaches,” — makes some interesting findings on …

Continue Reading
Filling glass of water from the tap
PFAS
Posted by:

U.S. Geological Survey Study Warns 45 Percent of Tap Water in United States Could Contain PFAS

Motivated by “the quality and sustainability of drinking-water” due to rising water demand concerns in the United States, as well as “increasing contamination of drinking-water resources, and a growing understanding of potential human-health consequences associated with exposures to contaminants,” the U.S. Geological Survey recently conducted a study on the prevalence of PFAS in tap water.  

To better understand human exposure to PFAS at the point-of-use, the authors conducted a standardized analytical survey of PFAS nationally.

“The overall objectives of the study were to (1) directly …

Continue Reading
"justice concept, selective focus on nearest part ,lens blur f/x"
Legislation / PFAS
Posted by:

This Month in PFAS: June 2023

The month of June saw major developments related to per- and polyfluoroalkyl substances (PFAS) litigation and legislation at the state and federal level — particularly in massive settlements, proposed legislation, and the delay of the nation’s first state-level PFAS reporting requirements.

The month began with chemical companies DuPont, Chemours, and Corteva striking a deal worth more than $1.1 billion with water companies around the United States to settle drinking-water claims related to PFAS. The settlement was followed by an additional $10.3 billion settlement by 3M …

Continue Reading
Laboratory glassware with dropper dripping liquid into test tube with light blue liquid close up macro photography.
Emerging Issues / PFAS
Posted by:

Premanufacture Notices and Significant New Use Notices for PFAS Face Uphill Climb Under New TSCA PFAS Framework

Introducing new PFAS into the market or using existing ones for new purposes likely just got much harder as the EPA has established a new framework requiring an intensive scientific review process that likely will result in restrictions or even bans. The “Framework for TSCA New Chemicals Review of PFAS Premanufacture Notices (PMNs) and Significant New Use Notices (SNUNs)” comes under the TSCA New Chemicals Program, which “regulates chemicals in a manner that promotes technological innovation while ensuring that chemicals are safe to …

Continue Reading
Emerging Issues / New Jersey / PFAS
Posted by:

NJ PFAS Alert: Solvay Enters $393 Million Settlement with Garden State to Remediate Contamination

New Jersey just announced a proposed $393 million settlement with Solvay Specialty Polymers USA, LLC that would ensure the remediation of contamination near Solvay’s facility in West Deptford that manufactures plastic components for consumer products. This contamination included the release of per- and polyfluoroalkyl substances (PFAS). 

The proposed settlement commits Solvay to: 

  • Pay for and implement comprehensive remedial activities at and in the vicinity of its West Deptford facility; 
  • Provide financial support for certain public water system upgrades necessary to remove PFAS from drinking water; 
… Continue Reading