CERCLA
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Earth Day 2023–Investing in a Balanced Approach to Emerging Contaminants
In the 1962 book, Silent Spring, Rachel Carson brought to the forefront of public attention contaminants of emerging concern (CECs). CECs, or emerging contaminants, are chemicals or materials that can be characterized by a perceived, potential or real threat to human health or the environment. Continue reading
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Incorporating PFAS in Industrial Wastewater Discharge Permits to Minimize Risk or Extent of Future CERCLA Liability
PFAS are being detected in drinking water systems across the United States. Moreover, evolving regulatory developments already require or soon will require that public water systems sample for and remediate these chemicals (see, e.g., here). Continue reading
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How Low Did U.S. EPA Go–U.S. EPA Issues Its Long-Awaited Draft PFAS Drinking Water Standards
Almost two years to the date after U.S. EPA issued its regulatory determination for contaminants on the forth Contaminant Candidate List, U.S. EPA has issued its draft rule setting drinking water limits for several PFAS compounds. Specifically. U.S. EPA’s draft rule proposes a four part per trillion (ppt) maximum contaminant level (MCL) for perfluorooctanoic acid (PFOA) Continue reading
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A Risky Dance: When Emerging Contaminants Comingle With CERCLA Hazardous Substances
The distinction between CERCLA hazardous substances and all else, including pollutants or contaminants, is important because CERCLA liability is triggered by the existence of a “hazardous substance” at a site, nothing else. Continue reading
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OMB Throws Potential Speed Bump in Front of U.S. EPA’s Efforts to Designate PFAS as CERCLA Hazardous Substances
On August 12, 2022, the Office of Management and Budget (OMB) completed its review of U.S. EPA’s proposed rule to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as CERCLA hazardous substances. Continue reading
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U.S. EPA Updates Regional Screening Levels to Add Five New PFAS Chemicals
On May 18, 2022, U.S. EPA updated its Regional Screening Level tables to include five new per- and polyfluoroalkyl substances (PFAS). The five new PFAS compounds added to the RSL tables are hexafluoropropylene oxide dimer acid and its ammonium salt (HFPO-DA – sometimes referred to as GenX chemicals), perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid (PFOA), perfluorononanoic… Continue reading
CERCLA, Climate Change, Contamination, Emerging Contaminants, Groundwater, RCRA, Sustainability, WaterAgency for Toxic Substances and Disease, ammonium salt, CERCLA, Contamination, Corporate Environmental Lawyer, EPA, GenX chemicals, hexafluoropropylene oxide dimer acid, HFPO-DA, industrial soil, Jenner & Block, perfluorononanoic acid, perfluorooctanesulfonic acid, perfluorooctanoic acid, PFAS, PFHxS, PFNA, PFOA, PFOS, Polyfluoroalkyl, RCRA, Regional Screening Level, remediation, RSL, Steven M. Siros, tap water -
Earth Week Series: The Future of Environmental Regulation
As we near Earth Day 2022, the United States may be headed toward a profound change in the way EPA and similar administrative agencies regulate the complex areas of environmental law. EPA began operating more than 50 years ago in 1970, and has been tasked with promulgating and enforcing some of the most complex regulations… Continue reading
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U.S. EPA’s Addition of 1-BP to CERCLA Hazardous Substance List Likely Precursor to Similar Actions on PFAS
On April 8, 2022, U.S. EPA added the industrial solvent 1-bromopropane (1-BP) to its list of CERCLA hazardous substances; this listing was triggered by U.S. EPA’s decision to add 1-BP to the Clean Air Act’s list of hazardous air pollutants in January 2022. Continue reading
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PFOA and PFAS Take Another Step Towards Becoming Full-Fledged Members of the CERCLA Family of Hazardous Substances
On January 10, 2022, U.S. EPA forwarded a proposed rule that seeks to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Although not unexpected since this was a key element of U.S. EPA’s PFAS Strategic Roadmap, U.S. EPA’s proposed rule is unique… Continue reading
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U.S. EPA Releases its PFAS Strategic Roadmap
On Monday, October 18, 2021, U.S. EPA released its PFAS Strategic Roadmap (Roadmap) outlining the agency’s three-year strategy for addressing per- and polyfluoroalkyl substances (PFAS). The Roadmap notes that U.S. EPA cannot solve the problem of “forever chemicals” by tackling only one route of exposure or one use at a time. Continue reading