ALI CLE presents “Environmental Law 2025: Tackling the Issues in a Pivotal Year,” a two-day program on what lies ahead in a pivotal year for environmental law and regulation. Lynn L. Bergeson, Managing Partner, B&C, will participate in the “Evolving Developments in the Regulation of PFAS” panel on February 20, 2025....
Archives
December 10, 2024
The PFAS Playbook: Strategies to Minimize Regulatory and Commercial Risk, March 11, 2025, 12:00 p.m. – 1:00 p.m. (EDT)
ALI CLE presents “The PFAS Playbook: Strategies to Minimize Regulatory and Commercial Risk.” This comprehensive course, taught by Lynn L. Bergeson, Managing Partner, B&C, will present actionable strategies to anticipate, manage, and mitigate risks tied to PFAS, including regulatory compliance, liability exposure, and reputational concerns....
December 6, 2024
EPA Proposes to Update Proposed SNURs for 17 PFAS, Designating Manufacture (Including Import) as a Significant New Use
On November 29, 2024, the U.S. Environment Protection Agency (EPA) issued a supplemental notice of proposed rulemaking (SNPRM) that would update the December 2, 2022, proposed significant new use rules (SNUR) for 17 per- and polyfluoroalkyl substances (PFAS) that were the subject of premanufacture notices (PMN) and are also subject to an Order issued by EPA pursuant to the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 94642. The SNURs would require persons who intend...
December 6, 2024
Lynn L. Bergeson, “EPA Proposes Expanded Chemical Tracking for PFAS, Now What?,” Chemical Processing, December 6, 2024.
The number of per- and polyfluoroalkyl substances (PFAS) on the Toxics Release Inventory (TRI) list is expected to expand greatly. The U.S. Environmental Protection Agency (EPA) proposed on Oct. 8, 2024, to add 16 PFAS and 15 PFAS categories representing more than 100 individual PFAS subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA) to comply with the National Defense Authorization Act for Fiscal Year 2020...
December 3, 2024
Senate Subcommittee to Hold December 5 Hearing on Public Health Impacts of PFAS Exposures
The Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight of the U.S. Senate Committee on Environment and Public Works will hold a hearing on December 5, 2024, titled “Examining the Public Health Impacts of PFAS Exposures.” The Subcommittee will hear from the following witnesses: As reported in our October 9, 2024, blog item, this hearing, which was originally scheduled for September 26, 2024, was postponed September 25, 2024, when Congress...
November 25, 2024
Senator Markey Reintroduces Legislation to Amend the Toxic Substances Control Act and Provide Grants to Remediate Toxics in Schools
On November 20, 2024, Senator Ed Markey (D-MA) and Representative Jennifer McClellan (D-VA) introduced the Get Toxic Substances Out of Schools Act of 2024. This is the third consecutive Congress in which Senator Markey has introduced similar legislation. The 118th Congress version, S. 5363 and H.R. 10173, builds on earlier versions by authorizing new grants to address indoor air quality in schools and childcare centers. Congress is unlikely to act on this legislation in the...
November 21, 2024
EPA’s Tackling Emerging Contaminants Initiative Will Reduce Exposure to PFAS and Other Emerging Contaminants in Water
The U.S. Environmental Protection Agency (EPA) announced on November 20, 2024, the launch of the Tackling Emerging Contaminants (TEC) initiative, a new, no-cost technical assistance effort focused on reducing exposure to perfluoroalkyl and polyfluoroalkyl substances (PFAS) and other emerging contaminants in small or disadvantaged communities. According to EPA, the objective of the TEC Water Technical Assistance (WaterTA) is to support small or disadvantaged communities assess and address...
November 20, 2024
EPA Extends Deadline for Public Comment on Manufacture of Certain PFAS during Fluorination of HDPE and Other Plastic Containers
On November 20, 2024, the U.S. Environmental Protection Agency (EPA) announced an extension to the comment period for the notice published September 30, 2024, seeking public comment on the manufacture of certain per- and polyfluoroalkyl substances (PFAS), including perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), and perfluorodecanoic acid (PFDA), during the fluorination of high-density polyethylene (HDPE) and other plastic containers to inform regulations as appropriate under the...
On November 18, 2024, the Minnesota Pollution Control Agency (MPCA) requested comments on planned rules governing reporting and fees paid by manufacturers upon submission of required information about products containing per- and polyfluoroalkyl substances (PFAS). MPCA notes that “[a]t this stage, we do not have a draft rule; we want your feedback to inform us about the ideas described under the Subject of Rules section.” Instead, the purpose of the current request for comments (RFC)...
On November 14, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of its third annual progress report, “highlighting the significant achievements the agency has made under its PFAS Strategic Roadmap and the Biden-Harris Administration’s whole-of-government strategy to protect communities from the impacts of forever chemicals.” According to EPA’s press release, progress on per- and polyfluoroalkyl substances (PFAS) during the Biden-Harris Administration includes:...