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 Co. to resolve current and future claims by municipal water authorities for PFAS contamination. At the end of month, the state of New Jersey 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.
Next, on June 22, U.S. Sens. Tom Carper (D-Del.) and Shelley Moore Capito (R-W.Va.) —chair and ranking member of the Senate Environment and Public Works Committee, respectively — released draft PFAS legislation (Draft Package) for stakeholder comment. The Draft Package seeks to compel the EPA to make official national rules for PFAS. Currently, the EPA has only purposed rules, and state PFAS laws have varied in stringency.
Some of the important provisions of the Draft Package include:
- Setting a September 30, 2024 deadline for the EPA to complete the agency’s ongoing rulemaking process to set drinking water standards for specific PFAS substances.
- Requiring the EPA to contract with the National Academy of Science, Engineering, and Medicine to carry out a study within a year from enactment on both beneficial, as well as nonessential, uses of PFAS in commerce.
- Authorizing $5 million to the EPA for fiscal years 2024 through 2028 for educating the public regarding the hazards or potential risks resulting from various levels of exposure to PFAS.
- Establishing an annual report from the EPA to Congress on risk management and communications strategies used by the states, territories, and Tribes for the hazards and potential risks posed by PFAS.
- Authorizing $500 million for fiscal years 2024 through 2028 for the EPA to direct research activities and grants to carry out a research and technology development program on non-regulatory strategies for the prevention, detection, destruction, and verification of emerging contaminants, with a focus on PFAS.
- Creating a new emergency assistance authority for the EPA to help small, rural, Tribal, underserved, or disadvantaged communities address PFAS contamination.
The stakeholder comment period ended on July 3. Replies to the stakeholder comments are expected soon.
At the state level, Maine’s Department of Environmental Protection officially delayed the reporting requirements of their landmark PFAS regulation for two years. Originally, the regulation required companies doing business in the state to begin reporting on the presence of PFAS in their products as of January 1, 2023. However, legislation was passed delaying the reporting requirement to January 1, 2025 and creating reporting exemptions for manufacturers that employ 25 or fewer people, and for a “used product or used product component.” The Maine Legislature’s Joint Standing Committee on Environment and Natural Resources plans to hold public meetings later this year to discuss additional issues with the possibility of further changes in 2024.
PFAS-related legislation and lawsuits are expected to increase in the near future. For example, Vermont, Massachusetts, New Hampshire, New York, Rhode Island, and other states, have passed or proposed PFAS legislation scheduled to go into effect this year and next year.