Companies that use chemicals containing PFAS (per- and polyfluoroalkyl substances) could face sizable legal issues as these materials continue to face mounting regulatory scrutiny. PFAS comprise unique physical and chemical properties to create a water repellency and are commonly used in coatings for textiles, paper products, food packaging, cookware, firefighting foams, carpets, outdoor sportswear and more.
Fox Rothschild’s environmental attorneys are fluent in the science, regulations and case law surrounding PFAS. On this blog, they will provide updates and cover major developments in PFAS and emerging contaminants as regulatory developments arise.
Recent Blog Posts
- Costs and Benefits of Regulating to PPT Not Yet Understood The economic impact — both costs and benefits — of the issuance of low parts per trillion standards for nearly ubiquitous PFAS compounds is something that will become clearer as businesses, municipalities, water suppliers and communities act to comply with regulatory standards that require they test for and remove these substances down to trace levels in drinking water and environmental ... Continue Reading ... More
- Delaware: Pending PFAS Legislation The Delaware General Assembly has recently introduced two PFAS-related bills. House Bill 337, introduced on May 29, 2020 and amended on June 16, 2020, would require the Department of Health and Human Services and the Department of Natural Resources and Environmental Control to develop maximum contaminant levels for drinking water contaminants, including PFOS and PFOA. Senate Bill 217, ... Continue Reading ... More
- The Challenge of Regulating to (and Achieving) Parts Per Trillion U. S. EPA has established a Health Advisory Level for PFOA and PFOS in drinking water of 70 parts per trillion (“ppt”). Several states are regulating PFAS at the low parts per trillion level. For example, on June 1, 2020, the New Jersey Department of Environmental Protection adopted maximum contaminant levels (“MCLs”) in drinking water for PFOA and PFOS of ... Continue Reading ... More
- PFAS in Pennsylvania: HSCA “Hazardous Substances” vs. Act 2 “Regulated Substances” Earlier this year, the Pennsylvania Department of Environmental Protection (“PADEP”) published for public comment its proposed update to the Chapter 250 regulations under the “Land Recycling and Environmental Remediation Standards Act” – frequently referred to as Act 2. As part of its regulatory update, PADEP proposed to include remediation standards for three Per- and polyfluoroalkyl (“PFAS”) compounds – Perfluorooctanoic acid ... Continue Reading ... More
- NJDEP Issues Final Rule Regulating PFOA and PFOS On June 1, 2020, NJDEP published its final rule (52 N.J.R. 1165(b)) setting drinking water standards, also known as maximum contaminant levels or “MCLs,” and final groundwater standards for the PFAS compounds perfluorooctanoic acid (“PFOA”) and perfluorooctane sulfonate (“PFOS”) pursuant to the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1, et seq., and the New Jersey Water Pollution Control ... Continue Reading ... More
- Lack of Approved Analytical Methodologies a Challenge to Site Characterization One of the potential challenges with starting and completing site characterizations for PFAS compounds (in addition to the lack of approved cleanup standards for many of the environmental media) is the lack of approved and/or certified laboratory analytical methodologies, both at the federal and state levels (in many states), for media other than drinking water and groundwater. As noted by ... Continue Reading ... More
- PFAS Contamination Creates Long Island Local Dispute Naming Fire Department’s Insurer In April 2020, the Town of East Hampton in eastern Long Island, N.Y., filed suit over PFAS contamination against the Village of East Hampton, a separate, smaller jurisdiction located in the Town. The Town alleges that the Village’s Fire Department caused PFOA and PFOS contamination on property owned by the Town that migrated to private wells. The Town also named ... Continue Reading ... More
- SCREENING LEVELS VS. HEALTH ADVISORY LEVELS On December 20, 2019, the United States Environmental Protection Agency (EPA) issued its Interim Recommendations for Addressing Groundwater Contaminated with Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonate (PFOS) under federal cleanup programs, such the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). EPA’s guidance recommends the use of a “screening level” of 40 ... Continue Reading ... More
- Dover Air Force Base Installs House Water Filtration Systems to Address PFAS Exceedances in Groundwater Dover Air Force Base (DAFB) installed house water filtration systems at four off-base properties in Dover, Delaware. The wells supplying water to those properties were found to have levels of PFOS and PFOA in excess of the 70 parts per trillion Health Advisory Level. The properties will continue to receive bottled water until DAFB is able to confirm the efficacy ... Continue Reading ... More
- Illinois Initiates PFAS Sampling Process and Releases Draft Amendments to Groundwater Standards for PFAS In 2019, the Attorney General of Illinois joined in a letter with 22 other states in urging Congress to address the public health threat associated with per- and polyfluoroalkyl substances (PFAS). This approach was no surprise, as the Illinois Environmental Protection Agency (IEPA) had, since 2018, determined that it was time to start assessing PFAS in the environment. See Annual ... Continue Reading ... More