In New York, were at the forefront of the fight to ensure these harmful chemicals dont pollute our communities and waterways while ensuring those who are accountable are cleaning up the contamination they cause. The 2020 National Defense Authorization Act (NDAA) immediately added certain PFAS to the list of chemicals covered by TRI for the 2021 reporting year and provided a framework to automatically add other PFAS in future years. Litigation Minute: FDA and State Action on PFAS in Food Packaging, Digital Assets in England and Wales: Law Commission final report. 4 questions about the EPA's proposed PFAS drinking water standard Without Proof of Study: Pedestrians Killed By Drivers Reaches 40-year High. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. Monitoring thousands of drinking water systems across the country for dozens of PFAS, beginning this year; Taking final action on a proposal to designate two PFAS as hazardous substances to help hold polluters accountable; Restricting PFAS discharges to our waterways by strengthening Clean Water Act standards; Finalizing chemical data and safety rules that will increase our knowledge about PFAS, allow us to act faster and more strategically, and restrict legacy PFAS from reentering production; and. Since EPA Administrator Michael S. Regan announced the Agencys PFAS Strategic Roadmap in October 2021, EPA has continued to implement a whole-of-agency approach by advancing science and following the law to safeguard public health, protect the environment, and hold polluters accountable. Corporate Debt Market Development Fund & Other Key Amendments United States: Tag, You (maryland Closed-End Funds) Are It! Secure .gov websites use HTTPS Governor Kathy Hochul (NY), PFAS has impacted not only the environment, it has also impacted production agriculture in areas where water contamination or land applications of contaminated materials have taken place. EPA is also evaluating additional PFAS and assessing the available science to consider regulations for groups of PFAS. Designating PFOA and PFOS under CERCLA would improve transparency, accountability, and deliver on Administrator Regans PFAS Strategic Roadmap. Cumulatively, these actions will build upon one another and lead to more enduring and protective solutions. The actions described in the PFAS Roadmap each represent important and meaningful steps to safeguard communities from PFAS contamination. PFOA and PFOS: EPA is proposing to regulate PFOA and PFOS at a level they can be reliably measured at 4 parts per trillion. PFAS information from CDC's Agency for Toxic Substances and Disease Registry (ATSDR), EPA Announces New Framework to Prevent Unsafe New PFAS from Entering the Market. All EPA Technical Support Documents and other supporting informationfor the Proposed PFAS NPDWR are available for viewing at www.regulations.gov under Docket ID: EPA-HQ-OW-2022-0114. Credit: Michael Salerno. PFAS are often added to products to make them waterproof, stain-resistant, or nonstick. PDF National Ground Water Association Comments On: Environmental Protection Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. Secure 2.0 Again Expands Requirements for Part-Time Employees Australia: ASIC Chair Addresses Greenhushing Amongst ESG Focus Areas, Law of the Land - Real Estate Litigation Newsletter (June 28, 2023), Illinois Supreme Court Adopts Partial Breach Doctrine. Please click here to see any active alerts. PFAS tend to co-occur with each other. The public comment period ended on May 30, 2023. On March 29, 2023, the United States Environmental Protection Agency (EPA) published in the Federal Register its proposal rule, "PFAS National Primary Drinking Water Regulation Rulemaking," which would for the first time set national drinking water standardscommonly referred to as maximum contaminant levels (MCLs)for six different PFAS chemicals. The proposed designation of PFOA and PFOS as hazardous substances is based on significant evidence that PFOA and PFOS may present a substantial danger to human health or welfare and the environment. PFAS National Primary Drinking Water Regulation Rulemaking This is the kind of leadership and care for public health our communities deserve, and I commend Administrator Regan for continuing to prioritize the best interests of the American people over those of corporate polluters. Earlier this month, I joined over 100 of my colleagues to call on EPA to take this action. Secure .gov websites use HTTPS DLA Piper A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. By removing this reporting loophole, were advancing the work set out in the Agencys PFAS Strategic Roadmap and ensuring that companies report information for even small concentrations of PFAS. EPA has taken. I look forward to working with EPA to ensure this, proposed rule gets across the finish line. Congressman Frank Pallone, Jr. (NJ-06), Chairman of the House Energy and Commerce Committee. This has long been a top concern for me and is why as a lead negotiator of the water provisions in the bipartisan infrastructure bill, I fought to include a historic level of funding $10 billion to combat PFAS exposure. As a part of that final determination, EPA indicated it would also evaluate additional PFAS and consider regulatory actions to address groups of PFAS. Concurrent with the proposed PFAS NPDWR published on March 29, 2023, EPA also announced it is making preliminary regulatory determinations for PFNA, GenX Chemicals, PFHxS, and PFBS in accordance with the Safe Drinking Water Act regulatory development process. They accumulate in the environment and human bodies over time and do not easily degrade, which is why some people call them "forever chemicals." Increased testing is revealing PFAS in public drinking systems, groundwater and surface waters nationwide. Official websites use .gov After more than two years pushing the EPA to list toxic PFOA and PFOS as hazardous substances, I am proud of todays announcement by President Biden and EPA Administrator Regan, which will reduce pollution and protect public health. Read full AWWA Utility Insider Remember Four Ss. The public comment period ended on May 30, 2023. This process will be necessary for each IP address you wish to access the site from, requests are valid for approximately one quarter (three months) after which the process may need to be repeated. The proposed rule - EPA's MCLGs and MCLs for six PFAS. EPA is proposing to designate two per- and polyfluoroalkyl substances (PFAS) -- perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers -- as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. I want to thank EPA Administrator Regan for his leadership on this issue, and I look forward to learning more about the steps his agency is taking to protect our people from these chemicals. Chinas State Administration for Market Regulation Releases Groff takes DeJoy: Supreme Court Changes Standard in Religious Colorado Employers Pay Transparency Obligations Are Changing in 2024. PFAS has impacted not only the environment, has also impacted production agriculture in areas where water contamination or land applications of contaminated materials have taken place. HHS OIG Releases Final Information Blocking Enforcement Rule Review of Significant Changes to PERM Labor Certification Filings Ninth Circuit: Additional Information on Back of Packaging can Defeat NYCs Law Governing Automated Employment Decision Tools Takes Effect OFCCPs Last-Minute Portal Guidance Changes. The proposed rule will regulate two PFAS compounds PFOA and PFOS as individual contaminants with an MCL of 4 parts per trillion (ppt) each. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. EPA anticipates that if fully implemented, the rule will, over time, prevent thousands of deaths and reduce tens of thousands of serious PFAS-attributable illnesses. Secure .gov websites use HTTPS Todays announcement is a step in the right direction as we work to prevent the future contamination of PFAS forever chemicals in our water and I look forward to continuing to work with the Administration to enforce a high standard of water quality., After decades of delay, President Bidens EPA has delivered a drinking water standard for PFOA and PFOS which, when finalized, will be the toughest in the nation, said activist and actor Mark Ruffalo. Potential Postponement of Enforcement of Final CPRA Regulations. This is the kind of leadership and care for public health our communities deserve, and I commend Administrator Regan for continuing to prioritize the best interests of the American people over those of corporate polluters. The content and links on www.NatLawReview.comare intended for general information purposes only. Additionally, the proposed rule would, in certain circumstances, facilitate making the polluter pay by allowing EPA to seek to recover cleanup costs from a potentially responsible party or to require such a party to conduct the cleanup. In states that already have PFAS drinking water standards enacted, businesses and property owners have already seen local environmental agencies scrutinize possible sources of PFAS pollution much more closely than ever before, which has resulted in unexpected costs. PDF Framework for TSCA New Chemicals Review of PFAS Premanufacture Notices of this preamble, some laboratories are able to detect and measure the PFAS addressed in this document at lower concentrations than EPA's proposed rule trigger level and PQLs which account for differences in the capability of laboratories across the country. Official websites use .gov My message to communities devastated by PFAS pollution is equally simple: help is finally on the way., "No one should ever wonder if the PFAS in their tap water will one day make them sick, said Clean Cape Fear co-founder Emily Donovan. All rights reserved. In February 2023, EPA announced the availability of $2 billion from President Bidens Bipartisan Infrastructure Law to address emerging contaminants, including PFAS, in drinking water across the country. The proposed rule would require public water systems to test for and limit six. This action comes as especially welcome news for environmental justice communities, who have endured the scourge of toxic PFAS contamination for far too long. Reg. Maine has been at the forefront of the PFAS crisis, and while were only at the beginning stages of understanding its scope, its been clear we urgently need to address the nationwide contamination. Requirement for PFAS Proposed Effective Date; Hawaii (SB 504/HB 748) 1: Food packaging; Food service ware; Prohibited: . Governor Kathy. Since this proposed rule spans a longer time than the four-year CDR reporting cycle, EPA acknowledges additional time may be needed in the PFAS submission period. What EPA proposed rules on PFAS would mean for St. Louis | STLPR This proposed rulemaking would increase transparency around releases of these harmful chemicals and help to hold polluters accountable for cleaning up their contamination. EPA is following recent peer-reviewed science that indicates that mixtures of PFAS can pose a health risk greater than each chemical on its own. PFAS | American Water Works Association This is a first step in a much-needed, all-hands effort to keep harmful PFAS chemicals out of our air, water, and soils. Senator Tom Carper (DE), Chairman of the Senate Environment and Public Works Committee. Drafting an Arbitration Agreement? They essentially never break down naturally. In the battle to keep our drinking water clean and safe, the Environmental Protection Agency recently announced important new changes relating to PFAS, or forever chemicals. Consumer Reports sounded the alarm on these chemical dangers years ago and now has more about what the new rules mean for you. By designating PFAS as a hazardous chemical, we as a nation, begin the process of identifying the impacts and initiating the cleanup process. New Mexico Secretary of Agriculture Jeff M. Witte, Chair of the EPA Local Government Advisory Committee Health Communities Workgroup. Please click here to see any active alerts. FinTech University: FinTech and Artificial Intelligence, Effective Marketing Strategies for Small and Mid-Sized Law Firms, Private Market ESG in Action: Capitalizing on the Convergence of Legal and Business Strategy. However, the previous Administration codified the NDAA provisions in a manner that allows facilities that report to TRI to disregard certain minimal or, Currently, facilities are required to report to TRI on 180 PFAS per the requirements of the NDAA. Per- and Polyfluoroalkyl Substances (PFAS) | US EPA No Administration has done more to address the urgent threat posed by these toxic forever chemicals than the Biden Administration. EPA proposes rules to limit 'forever chemicals' in drinking water The first regulations on PFAS are a federal response to the toxic chemicals showing up in drinking water consumed by. PDF Federal Register /Vol. 88, No. 17/Thursday, January 26, 2023/Proposed I look forward to working with EPA to ensure this critically-needed proposed rule gets across the finish line. Congressman Frank Pallone, Jr. (NJ-06), Chairman of the House Energy and Commerce Committee, Todays proposal to designate two of the most widely used PFAS chemicals as hazardous substances is a critical step as we seek to combat these dangerous chemicals that wreak havoc on the environment and the health of our communities. Better Late Than Never: Employers in Canada Should Review Their Privacy and Data Security - The Age of AI. This action comes as especially welcome news for environmental justice communities, who have endured the scourge of toxic PFAS contamination for far too long. EPA combats PFAS in water with new proposed rules - KSAT.com The former ARFF Training Pit at HNL is one of those six sites. In November 2022, EPA released A Year of Progress Under EPAs PFAS Strategic Roadmap, which underscores key actions taken by the agency during the first year of implementing the PFAS Roadmap. They Claim To Be From The Government, But They Are Definitely Not Its June 30th Time to Evaluate Your SEC Filer Status. EPA is proposing the first-ever national drinking water standard to limit six per- and polyfluoroalkyl substances (PFAS) the latest action to combat PFAS pollution under our PFAS Strategic Roadmap. EPA Expected to Finalize PFAS Reporting Rule by Jan. 1, 2023 The U.S. Environmental Protection Agency's (EPA) June 2021 proposal of a Toxic Substances Control Act (TSCA) reporting rule targeting manufacturers of per- and polyfluoroalkyl substances (PFAS) sparked a major outcry from chemical manufacturers and article importers. The PFAS that could be considered for monitoring are those that will be part of EPA's multi-lab validated wastewater analytical method. CONNECTICUT ROLLS OUT NEW TELEMARKETING REQUIREMENTS: Here is What Hurricane eMatrix: OSHAs Latest Guidance for Employers. Bracewell Legal Bites: What Should We Infer from the US Governments New York State Legislature Sends Broad Noncompete Ban to Governors Notice of Proposed Rulemaking: FTC Proposes to Redesign and Immigration Considerations During M&A Transactions [PODCAST]. EPA takes first-ever federal Clean Water Act enforcement action to address PFAS discharges at Washington Works facility near Parkersburg, W. Va. EPA Takes Important Step to Advance PFAS Strategic Roadmap, Requests Public Input and Data to Inform Potential Future Regulations under CERCLA. Employee or Independent Contractor? Thinking About Wayfair on its Five-Year Anniversary. Biden Administration Announces Funding for Homegrown Biofuels under North Dakota Law Another Example of State Regulation Over Foreign International Trade Practice at Squire Patton Boggs. When the new regulation would go into effect is still unknown, but there are things you can do to limit your exposure to PFAS from other sources. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Please click here to see any active alerts. Note that these listening sessions are separate from the proposed rulemaking to designate PFOA and PFOS as CERCLA hazardous substances. I applaud President Biden and the EPA for taking this significant step forward. Upon publication, EPA welcomes comment for a 60-day comment period. Upcoming/New CFIUS Filing: Viterra Limited; Glencore PLC; Canada Coinbase, Inc. v. Bielski: Interlocutory Appeals on the Question of House GOP ESG Working Group; Interim Report Released. Practical Takeaways for Employers from The Supreme Court Affirmative Federal Trade Commission Files Friend of the Court Brief in Equal FATF Reports Lackluster Global Adoption of Cryptocurrency AML Federal Reserve Releases Results of Stress Tests. SUMMARY: Under the Toxic Substances Control Act (TSCA), EPA is proposing a significant new use rule (SNUR) for those per- and poly-fluoroalkyl substances (PFAS) that have not been manufactured (including imported) or processed for many years and are consequently designated as inactive on the TSCA Chemical Substance Inventory. Avoid stain- and water-resistant clothing and carpets, and use cookware thats PTFE-free, such as pans with ceramic coatings. A .gov website belongs to an official government organization in the United States. Designating PFOA and PFOS as hazardous substanceswouldnot only ensure that communities are better informed about dangerous PFAS releases, but itwouldalso allow polluters to be held accountable for their actions. PFOA and PFOS as individual contaminants, and PFHxS, PFNA, PFBS, and HFPO-DA (commonly referred to as GenX Chemicals) as a PFAS mixture. 86 Fed. EPA-HQ-OW-2022-0114, at, For more information on this proposal, please visit EPAs, PFAS are a category of manufactured chemicals that can cause serious health problems, including cancer, if people are exposed to them over a long period of time. Maine signs into law measure to amend the state's PFAS in - SGS The reporting of a release could potentially accelerate privately financed cleanups and mitigate potential adverse impacts to human health and the environment. Table 1 highlights the changes LD 217 implements. While state agriculture agencies have safeguarded the food supply by removing known contaminated products from the food supply, we are only beginning to understand the extent of PFAS contamination.

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