PFAS Playbook

Following EPAs designation of two PFAS or so-called, "forever chemicals" as "hazardous substances" under CERCLA, Lathrop GPM Partner Rick Kubler spoke with Law360 about the immediate effects of the ruling and other important takeaways to be considered. Rick commented on EPA's enforcement discretion policy and how there is "no guarantee anyone will be immune from liability since CERCLA allows parties to sue each other for costs." He also talked about reopener provisions coming into play for parties who have already entered into consent agreements with EPA. In the article, Rick was ...

On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as Superfund). The Final Rule designates the two most studied PFAS – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) – as hazardous substances. The effects of the designation will be far-reaching and will extend beyond the broad authority that ...

On April 12, 2024, two days after EPA issued a final rule setting standards for certain per- and polyfluoroalkyl substances (PFAS) in public drinking water, the White House Office of Management and Budget (OMB) concluded its review of EPA’s final rule designating certain PFAS, or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The final rule is expected to list the two most studied types of PFAS – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic ...

On April 10, in a move that is almost certain to result in legal challenges from states, utilities, and other entities charged with its implementation, EPA released its much-anticipated Final Rule limiting concentrations of certain per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” in public drinking water. The Final Rule, which EPA issued pursuant to the Safe Drinking Water Act (SDWA), represents the first time the federal government has set enforceable standards for any PFAS in drinking water.

The Final Rule sets a legally enforceable maximum ...

In an Agricultural Business Council of Kansas City article titled "Digging Deeper - PFAS Considerations for the Ag and Food Markets," Lathrop GPM attorneys, Jessie Rosell and Grant Harse discuss the growing awareness and action around per- and polyfluoroalkyl substances (PFAS) or "forever chemicals" and how changes to EPA's and USDA's proposed classifications and guidelines for PFAS can impact a variety of agricultural operations, from the management and application of biosolids and pesticides to further restrictions on PFAS in food packaging, and updated drinking water ...

On March 27, 2024, the White House Office of Management and Budget (OMB) concluded its review of EPA’s final rule establishing a national drinking water regulation to limit concentrations of certain per- and polyfluoroalkyl substances (PFAS), or “forever chemicals,” in drinking water. When issued, this rule will be the first time the federal government has set enforceable standards for any PFAS in drinking water.

OMB reviews final rules before they are published to the public. The conclusion of OMB’s review marks a key milestone in the rulemaking process, which indicates ...

Lathrop GPM attorney Susan McMichael was published by Wolters Kluwer in the article titled "Strategic Perspectives - EPA issues proposed RCRA rules to address corrective action of PFAS contamination."

In February, EPA proposed two new rules under the Resource Conservation and Recovery Act (RCRA) that addresses corrective action processes and clean-up of nine forever chemicals - or PFAS - and other emerging contaminants at certain RCRA treatment, storage, and disposal (TSDF) facilities. The proposed rules are part of EPA’s PFAS Strategic Roadmap that include multiple ...

In August 2023, EPA released a best management fact sheet called Pollution Prevention Strategies for Industrial PFAS Discharges which provides information to address NPDES discharges containing PFAS under the Clean Water Act. The fact sheet aims to help permit writers and pretreatment coordinators by providing best management practices and examples. Under EPA’s new best management practices, EPA encourages permit writers and pretreatment coordinators to include PFAS monitoring limits when PFAS are present or suspected in discharges. The best management practices ...

In an Agricultural Business Council of Kansas City article titled "Digging Deeper - PFAS in Agriculture: What Agri-Business Sector Needs to Know about the Latest Emerging Contaminants," Lathrop GPM attorneys Ally Cunningham, Jessie Rosell, Matt Walker, and Shanna McCormack discuss the EPA's and USDA's proposed classifications and guidelines for PFAS. These changes can impact a variety of agricultural operations, from the management and application of biosolids and pesticides to federal aid payments received by dairy farmers for PFAS contamination, and updated drinking ...

On August 12, 2022, the Office of Management and Budget (OMB) completed its review of the EPA’s proposed rule to list two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). In doing so, the OMB changed its designation of the proposed rule to “economically significant,” which will now require the EPA to conduct a regulatory impact analysis (RIA) – including consideration of the rule’s potential costs and benefits – before the rule takes effect.

The ...