
Daniel T. McKillop
Partner
201-896-7115 dmckillop@sh-law.comFirm Insights
Author: Daniel T. McKillop
Date: April 12, 2024
Partner
201-896-7115 dmckillop@sh-law.comOn April 10, 2024, the Environmental Protection Agency (EPA) finalized the first federal regulation limiting the amount of certain per- and polyfluoroalkyl substances, known as PFAS, found in drinking water. The final National Primary Drinking Water Regulation (NPDWR) establishes drinking water standards for six PFAS, with compliance phased in over the next several years.
As discussed in greater detail in prior articles, PFAS are a large category of organic chemicals that have been used since the 1940s to repel oil and water and resist heat. While they are a key component in certain products, such as nonstick cookware, stain-resistant clothing, and firefighting foam, there is significant evidence that exposure to certain PFAS over an extended period can cause cancer and other illnesses. Studies have also shown that PFAS exposure during critical life stages, such as pregnancy or early childhood, can lead to adverse health impacts.
While many U.S. manufacturers have stopped using PFAS in favor of safer alternatives, prior discharges have resulted in very high levels of PFAS in many public and private water systems. According to EWG, more than 320 military sites across the U.S. have PFAS contamination, and more than 200 million Americans may be drinking contaminated water.
Over the past several years, the Biden Administration has taken several steps to address PFAS contamination, including the creation of a PFAS Strategic Roadmap. As part of this initiative, the EPA has established methods to better measure PFAS; added seven PFAS to the list of chemicals covered by the Toxics Release Inventory (TRI); enacted a final rule under the Toxic Substances Control Act (TSCA) to require manufacturers of PFAS and PFAS-containing articles to report information to EPA on PFAS uses, production volumes, disposal, exposures, and hazards; named PFAS as a National Enforcement and Compliance Initiative for 2024-2027; and proposed designating certain PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
Establishing PFAS water drinking standards was a central goal of the EPA’s PFAS Strategic Roadmap. Under the Safe Drinking Water Act, the EPA has the authority to set enforceable National Primary Drinking Water Regulations (NPDWRs) for drinking water contaminants and require monitoring of public water systems.
The new National Primary Drinking Water Regulation establishes legally enforceable levels, known as Maximum Contaminant Levels (MCLs), for five individual PFAS in drinking water – PFOA, PFOS, PFHxS, PFNA, and HFPO-DA – and for PFAS mixtures containing at least two or more of PFHxS, PFNA, HFPO-DA, and PFBS, the new rule uses a Hazard Index MCL to account for the combined and co-occurring levels of these PFAS in drinking water (a PFAS mixture Hazard Index greater than 1 indicates an exceedance of the health-protective level). Below is a summary:
Additionally, the NPDWR requires public water systems to determine whether PFAS is in their drinking water and take actions such as notifying consumers and reducing the levels of PFAS, as needed. Below is a summary of the key requirements:
The EPA is holding three informational webinars for communities, water systems, and other drinking water professionals about the final PFAS NPDWR. These webinars are scheduled on April 16, April 23, and April 30, 2024. You can find information here.
The federal government is also providing funding to assist public water utility companies in complying with the new drinking water standards. A total of $1 billion will be available to states and territories to implement PFAS testing and treatment at public water systems. That money is part of a $9 billion investment authorized under the 2021 Bipartisan Infrastructure Law to assist communities impacted by PFAS contamination.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]
Author: Robert E. Levy
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
Author: Christopher D. Warren
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Author: Bryce S. Robins
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
Author: Dan Brecher
For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]
Author: Bryce S. Robins
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!