hazardous substances

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Those required to comply with certain reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA) have been afforded an eight-month delay, shifting reporting to commence July 11, 2025, and be completed by Jan. 11, 2026. Reporting was supposed to commence Nov. 12, 2024, before this delay was announced by the Environmental Protection Agency (EPA). The delay is driven by funding shortages leading to delays in the reporting software development.
Continue Reading TSCA Reporting Deadline for Manufacturers and Importers of PFAS and PFAS-Containing Articles Extended to July 11, 2025

New Jersey, North Carolina, and New Mexico are urging the U.S. Environmental Protection Agency (EPA) to add four PFAS chemicals—PFOA, PFOS, PFNA, and GenX—to the list of Hazardous Air Pollutants (HAPs) under the Clean Air Act. The Petition highlights the environmental and health risks posed by PFAS, particularly their persistence in the atmosphere and potential to contaminate soil and water.

While these chemicals are best known for their contamination of drinking water, the release of PFAS into the air has…

Continue Reading States Petition EPA to Designate Key PFAS as Hazardous Air Pollutants

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced the pending publication of a final rule designating two widely used per-and polyfluoroalkyl substances (PFAS) chemicals—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

This announcement comes approximately a year and a half after EPA initially proposed the designation of PFOA and PFOS as CERCLA hazardous substances via EPA’s publication of its proposed rule in late 2022.

Continue Reading EPA Announces Final Rule Designating PFOA and PFOS as Hazardous Substances Under CERCLA

On May 17, 2023, the Minnesota Pollution Control Agency and the Minnesota Department of Natural Resources announced that they had reached a settlement with Douglas Corp., a chrome plater, regarding its historical use and disposal of plating solutions containing per- and polyfluoroalkyl substances (“PFAS”) as part of its plating operations.

At issue were Douglas Corp.’s alleged discharges of PFAS and Chromium to St. Louis Park’s stormwater system. According to the Minnesota Pollution Control Agency and the Minnesota Department of Natural…

Continue Reading Trouble Downstream: Minnesota Pollution Control Agency reaches natural resource damages settlement with Chrome Plater for PFAS contamination

Following the EPA’s proposed designation of PFOA, PFOS, and their salts and structural isomers, as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, otherwise known as Superfund) on Sept. 6, 2022, EPA has just published an advanced notice of proposed rulemaking to evaluate whether to designate a number of additional PFAS chemicals as hazardous substances under section 102(a) of CERCLA.

The advance notice of proposed rulemaking, announced on April 12 and published on April 13, seeks…

Continue Reading EPA Publishes Advanced Notice of Proposed Rulemaking for Listing Additional PFAS Chemicals as Hazardous Substances Under CERCLA